Patrick M. Shannon - Page 15

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               Under section 6330, the taxpayer can question the                      
               underlying unless he has been previously given the                     
               right to appeal or petition the Tax Court regarding the                
               matter.  In this situation, the taxpayer defaulted the                 
               statutory notice of deficiency and later amended his                   
               own return to report more income and liability.  He                    
               doesn’t appear to argue those actions of his own,                      
               although indicating he disagrees with his own pre-                     
               parer’s computations of an additional liability.  The                  
               remains of the account are postings of payments from a                 
               carry back or from later year refunds.  There appear to                
               be no errors in the postings of those changes and                      
               payments.                                                              
                      RELEVANT ISSUES PRESENTED BY THE TAXPAYER                       
               I believe I have addressed all relevant issues pre-                    
               sented by the taxpayer.  The taxpayer and representa-                  
               tive haven’t presented further arguments that are on                   
               point to the case.  They didn’t present an alternative                 
               or lesser intrusive method of payment to the levy                      
               action                                                                 
               The representative submitted numerous copies of medical                
               receipts showing the taxpayer/husband encountered                      
               various medical problems in 1999 through 2003.  I                      
               didn’t find the information would show a reasonable                    
               cause to reduce any penalties assessed on the 1999                     
               liability.  In addition, the taxpayer had prior oppor-                 
               tunities to either petition the Tax Court or file an                   
               appeal regarding the penalties and interest in prior                   
               years.  They should not be allowed to argue those                      
               underlying liabilities in this CDP hearing.                            
                  BALANCING EFFICIENT COLLECTION AND INTRUSIVENESS                    
               Under the circumstances of the case, the levy action                   
               balances an efficient method of collection when consid-                
               ering the legitimate concerns of the taxpayer that it                  
               be no more intrusive than necessary.                                   
               The levy action is sustained.  [Reproduced literally.]                 
                                     Discussion                                       
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and a decision may be rendered as            





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Last modified: May 25, 2011