T.C. Memo. 2007-159 UNITED STATES TAX COURT JOHN BALLARD, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 4307-07L. Filed June 20, 2007. P filed a petition and motion to restrain assessment on the same date. As a basis for his motion to restrain assessment, P asserts that R instructed P’s employer to change the withholding status on P’s Form W-4, Employees Withholding Allowance Certificate, without providing P a remedy to challenge R’s actions. P asserts that R’s instructions to P’s employer constitute a collection action and that R failed to comply with the provisions of sec. 6330(a), I.R.C.1 The Court issued an order to show cause why this case should not be dismissed for lack of jurisdiction on the grounds that no notice of deficiency or notice of determination has been sent to petitioner which confers jurisdiction on this Court. R asserts that no notice of deficiency or notice of determination was 1 All section references are to the Internal Revenue Code, as amended, unless otherwise indicated, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007