Dale Kinslow - Page 6

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               (3) Whether petitioner conceded that no other issues                   
          pursuant to section 6330(c)(2)(A) should have been considered by            
          respondent during petitioner’s CDP hearing.  We hold that he has.           
               (4) Whether the Court should impose a penalty against                  
          petitioner pursuant to section 6673 for maintaining frivolous               
          arguments.  For the reasons stated herein, we impose a $5,000               
          penalty on petitioner under section 6673.                                   
                                     Discussion                                       
          I.  Requirements for the CDP Action                                         
               Section 6303(a) provides that the “Secretary shall, as soon            
          as practicable, and within 60 days, after the making of an                  
          assessment of a tax pursuant to section 6203, give notice to each           
          person liable for the unpaid tax, stating the amount and                    
          demanding payment thereof.”  For the taxable years at issue--               
          1997, 1998, and 1999--respondent issued petitioner a notice and             
          demand for payment on March 1, 2004, the same day as the                    
          assessment.  Accordingly, we find that respondent met his                   
          statutory requirement in issuing the notice and demand for                  
          payment within 60 days of the assessment of the underlying tax.             
               We next consider whether petitioner has filed an adequate              
          petition in response to the notice of determination.  Rule                  
          331(b)(4) requires that a petition must contain clear and concise           
          assignments of each and every error which the petitioner alleges            
          to have been committed in the notice of determination.  Any                 






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