- 5 - automobile mechanic. It was his employer’s receipt of the notice of levy that first brought the levy to petitioner’s attention. On July 19, 2005, petitioner sent respondent a Form 12153, Request for a Collection Due Process Hearing (hearing request). It was received by respondent 136 days after the issuance of the final notice. Petitioner’s hearing request listed his address as the Milford address. An Appeals officer scheduled an equivalent hearing by telephone with petitioner for October 28, 2005, but petitioner did not appear.3 In May 2006, the Appeals Office issued a Decision Letter Concerning Equivalent Hearing Under Section 6320 and/or 6330 of the Internal Revenue Code (decision letter) to petitioner, stating that the levy was appropriate and that petitioner did not have the right to appeal the decision because, not having filed a timely hearing request, he had been granted only an equivalent hearing. That letter was mailed to the Milford address. In June 2006, petitioner filed a petition with this Court seeking to commence a lien or levy action under section 3 Petitioner did write to respondent’s Appeals Office to reschedule the Oct. 28 telephone conference but, despite the fact that he had almost a month in which to accomplish the task, chose to wait until Oct. 25 to draft a letter requesting the rescheduling of the conference. The letter did not reach the Appeals officer until Nov. 2.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011