- 5 - (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. AnyPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011