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agreement. In January 2003, petitioners terminated their special
consent to extend the time for respondent to assess tax for the
years at issue. Respondent has never issued petitioners a
deficiency notice for the years at issue, and petitioners never
executed a formal waiver of the restrictions on assessment.
Respondent sent petitioners a Final Notice of Intent to Levy
and Your Right to a Hearing with respect to the years at issue,
and petitioners timely requested a hearing. Petitioners asserted
in their request for a hearing that the proposed levy should not
proceed for a variety of reasons. These reasons included that
petitioners had never received a deficiency notice, that
petitioners had made payments toward the liabilities for the
years at issue, and that petitioners had an increased net
operating loss for a prior year that would decrease their
liability for the years at issue. The parties then held a
hearing. Respondent issued petitioners a notice of determination
on December 1, 2004 (the determination notice), which sustained
the proposed levy for the years at issue. The determination
notice stated that petitioners had not raised challenges to the
existence or amount of the underlying tax liability. The
determination notice concluded that the assessments for the years
at issue should not be abated, briefly citing legal opinions in
the case file.
Petitioners timely filed a petition with this Court.
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Last modified: May 25, 2011