James E. Anderson and Cheryl J. Latos - Page 4




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               Respondent issued to Ms. Latos the notice and demand for               
          payment required by section 6303(a) with respect to Ms. Latos’              
          unpaid 1998 liability.                                                      
               On December 5, 2001, respondent issued to Ms. Latos a notice           
          of intent to levy and notice of your right to a hearing with                
          respect to, inter alia, her taxable year 1998 (1998 notice of               
          intent to levy).                                                            
               On December 9, 2001, in response to the 1998 notice of                 
          intent to levy, Ms. Latos mailed to respondent Form 12153,                  
          Request for a Collection Due Process Hearing (Ms. Latos’ Form               
          12153 with respect to the 1998 notice of intent to levy), and               
          requested a hearing with respondent’s Appeals Office (Appeals               
          Office).  In that form, Ms. Latos indicated that she did not                
          agree with the 1998 notice of intent to levy and gave the follow-           
          ing explanation for her disagreement:  “IRS MUST COLLECT FROM THE           
          EMPLOYER AND HAS NO STATUTORY AUTHORIZATION TO COLLECT FROM THE             
          EMPLOYEE.”  A two-page attachment to Ms. Latos’ Form 12153 with             
          respect to the 1998 notice of intent to levy stated in pertinent            
          part:                                                                       
               Taxpayer is an employee.                                               
                  *       *       *       *       *       *       *                   
               Taxpayers have also requested that the IRS seek techni-                
               cal advice on the provisions of TITLE 26 - INTERNAL                    
               REVENUE CODE Subtitle C - Employment Taxes CHAPTER 24 -                
               COLLECTION OF INCOME TAX AT SOURCE.                                    








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