- 3 - 12153 was a letter requesting “early referral to appeals.” Petitioner did not offer any collection alternatives nor any spousal defenses. An Appeals officer contacted petitioner to schedule a conference via telephone. The Appeals officer spoke with petitioner at the appointed time, and petitioner was given an opportunity to discuss the issues. Petitioner stated that he did not want to discuss the issues and wanted a response by mail. On March 21, 2005, petitioner received a notice of determination upholding the proposed levy action. Petitioner filed a timely petition in this Court and was cooperative throughout the stipulation and hearing process. Discussion Petitioner advances a plethora of tax protester arguments that attack the underlying tax liability rather than respondent’s collection actions. In particular, petitioner argues that the exemption amount, pursuant to section 6012(a)(1)(A), is not defined by statute, and that a lack of a valid control number from the Office of Management and Budget (OMB), as required by the Paperwork Reduction Act of 1980 (PRA), 44 U.S.C. secs. 3501- 3520 (2000), excuses a failure to file returns. Where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. However, where the validity of the underlying tax liability is not properly at issue, the Court will review the Commissioner’sPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011