- 3 - status is unlawful2 because such change is a collection action taken without issuing the required notice under section 6330(a). Petitioner attached to the petition Internal Revenue Service (IRS) Letter 2801(CG) (Employee Copy),3 dated September 13, 2005, which states: Why Are We Writing to You? We are writing to you because, based on the information we have, the amount of income tax withheld from your paycheck will not adequately cover your income tax liability as required by Internal Revenue Code (IRC) Section 3402. 2 Employers are required under the Internal Revenue Code to withhold taxes from employees’ earnings. Secs. 3401 and 3402. Furthermore, under sec. 31.3402(f)(2)-1T(g)(2), Temporary Employment Tax Regs., 70 Fed. Reg. 19696 (Apr. 14, 2005), the Commissioner may review withholding certificates to determine if the certificates are truthful and valid. The Commissioner has authority under the regulation: “to review withholding certificates for compliance with the internal revenue laws and to declare invalid those certificates found not to be in compliance.” Stonecipher v. Bray, 653 F.2d 398, 402-403 (9th Cir. 1981) (interpreting prior version of regulations, but the premise remains valid); see sec. 31.3402(f)(2)-1T(g)(2), Temporary Employment Tax Regs., supra. If a person fails to submit a valid withholding form, the regulations require that “the employer shall withhold from the employee as from a single person claiming no exemptions.” Sec. 31.3402(f)(2)-1(e), Employment Tax Regs. Sec. 31.3402(f)(2)-1T(g)(2), Temporary Employment Tax Regs., supra, provides procedures whereby the IRS may implement a reduction in the number of withholding exemptions permitted to an employee. Sec. 31.3402(f)(2)-1T(g)(2)(vi), Temporary Employment Tax Regs., supra, provides procedures for an employee to administratively change his or her withholding. There is no evidence that petitioner followed these procedures. 3 In other situations, the Commissioner has issued IRS Letter 2800C which is substantially similar to, and is issued for the same reason as, IRS Letter 2801(CG).Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007