- 2 - This proceeding arises from a petition for judicial review filed in response to a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) sent to petitioner on October 27, 2004. The issue for decision is whether respondent abused his discretion in determining that the proposed levy action should proceed regarding petitioner’s unpaid Federal income tax and related liabilities for 1999. Background Some of the facts have been stipulated, and they are so found. The record consists of the stipulation of facts with attached exhibits and the testimony of petitioner. At the time of filing the petition, petitioner resided in San Ramon, California. On his 1999 Federal income tax return, petitioner claimed an overpayment of $11,198. Respondent determined that petitioner’s tax return contained mathematical or clerical errors and adjusted his personal exemption and itemized deductions. After adjustments, respondent determined that petitioner’s overpayment was $10,566.26.1 Respondent assessed additional tax resulting 1 Respondent did not refund the overpayment to petitioner. Instead, respondent applied $6,195.86 to petitioner’s unpaid tax liability for 1997 and $4,370.40 to his unpaid tax liability for 1998.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011