Keith M. Felder - Page 3

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               The petition in this case was filed in response to a Notice            
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330.  Pursuant to section 6330(d), petitioner seeks            
          review of respondent’s determination proposing levy action with             
          respect to his income tax liability for 2001.  The issue for                
          decision is whether respondent’s determination to proceed with              
          collection action was an abuse of discretion.                               
                                     Background                                       
               The stipulation of facts and the exhibits received into                
          evidence are incorporated herein by reference.  At the time the             
          petition in this case was filed, petitioner resided in                      
          Friendswood, Texas.                                                         
               Petitioner filed a Federal income tax return for 2001                  
          reporting as zero, wages, total income, and adjusted gross                  
          income, yet claiming a refund of $13,049.60 of Federal tax                  
          withheld.  He attached to the return a statement containing tax             
          protester arguments.  Respondent sent to petitioner a letter                
          advising him that the document he had sent as a Federal tax                 
          return was frivolous and was subject to the frivolous return                
          penalty under section 6702.  Respondent also sent to petitioner a           
          so-called 30-day letter proposing for 2001 adjustments to income            
          and an addition to tax under section 6651 for failure to file               
          timely.                                                                     







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