- 12 - phone conversations, but that they were aware from the date they signed the OIC that any noncompliance on their part with the 5- year timely filing and payment requirement would immediately result in default of the OIC. Collection Due Process Hearing The only argument set forth in the petition was that “all legal and procedural requirements [with respect to the CDP hearing] were not met.” Section 6320 requires that the Commissioner give notice to taxpayers in writing within 5 days after the filing of the Notice of Federal Tax Lien of the taxpayers’ right to request a hearing with Appeals if the request is made during the 30 days following the end of the 5-day notification period. In this case, respondent sent petitioners the Notice of Federal Tax Lien together with the Notice of Petitioners’ Right to Request a Hearing on May 4, 2004. Petitioners requested a hearing on May 20, 2004. Accordingly, we find that all procedural requirements with respect to the notice of the lien and the CDP hearing were timely met. At the CDP hearing, petitioner husband requested relief from paying the outstanding amount due for taxable year 1994 under the original OIC. Petitioner husband presented no other collection alternatives to this request. Petitioner husband’s singular argument at the CDP hearing was that he had not received notice of default, and that he had no notice until receiving the NoticePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011