David Buffano - Page 5

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          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.                                               





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