Gregory T. Mays and Nadine King-Mays - Page 3

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          as much as the IRS said, because they should have received                  
          dependency exemptions for their children.  During the hearing,              
          Mr. Mays explained that he wanted the IRS to give his children              
          ITINs--individual taxpayer identification numbers--instead of               
          having them use Social Security numbers.  The appeals officer               
          presiding at the hearing demurred; because the Mays children were           
          eligible for Social Security numbers, he concluded they could not           
          be issued ITINs.1  The Mayses asked for a final determination at            
          the hearing so they could petition this Court to decide whether             
          the Commissioner was right.                                                 
               The appeals officer quickly accommodated them.  The Mays,              
          then as now residents of Texas, timely filed a petition and then            
          agreed to submit the case for decision on stipulated facts.                 
                                     Discussion                                       
               Once the Commissioner assesses a tax, he is allowed to                 
          collect any unpaid portion of it by filing liens against, and               
          levying on, a taxpayer’s property.  But first (with some                    
          exceptions that aren’t present here), he has to notify the                  
          taxpayer whose property he wants to take.  He does this with                

               1 Sec. 301.6109-1(a)(1)(ii)(A) and (B), Proced. & Admin.               
          Regs.  The regulations also provide that anyone “who is duly                
          assigned a social security number or who is entitled to a social            
          security number will not be issued an IRS individual taxpayer               
          number.”  Sec. 301.6109-1(d)(4), Proced. & Admin. Regs.; see                
          Miller v. Commissioner, 114 T.C. 511, 519 (2000); Cansino v.                
          Commissioner, T.C. Memo. 2001-134; Davis v. Commissioner, T.C.              
          Memo. 2000-210.                                                             






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