Rogan C. Bird - Page 2

                                        - 2 -                                         
          abused its discretion in determining to proceed with collection             
          of petitioner’s tax liability for taxable year 2002 by levy.                
                                     Background                                       
               At the time of filing the petition in the instant case,                
          petitioner resided in Farmerville, Louisiana.                               
               Petitioner failed to file an income tax return for taxable             
          year 2002.  On November 18, 2004, respondent sent a notice of               
          deficiency to petitioner at his last known address, which is the            
          same address petitioner listed on his petition in the instant               
          case.  Petitioner did not petition this Court for a                         
          redetermination of the deficiency for taxable year 2002.                    
               On October 7, 2005, respondent sent petitioner a Letter                
          1058, Notice of Intent to Levy and Your Right to a Hearing.  On             
          November 3, 2005, petitioner sent respondent a Form 12153,                  
          Request for a Collection Due Process Hearing, containing                    
          frivolous arguments.2                                                       
               By letter dated January 24, 2006, Settlement Officer Suzanne           
          Magee (Mrs. Magee) advised petitioner that his hearing request              
          had been assigned to her, the arguments raised in the hearing               
          request are ones consistently held to be frivolous, and he would            




               2We note that although the Form 12153 lists as the taxable             
          periods 1998 through 2004 and indicates disagreement with both a            
          lien and a levy, the Notice of Determination relevant to the                
          instant case sustains only a levy for taxable year 2002.                    





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