- 12 - The levy is intrusive but it is appropriate in this instance to protect the government’s interest. You have made no payments toward either 2000 or 2001 and there is no indication that the liability for 2000 will be paid voluntarily. In terms of alternatives to collection, you have filed an * * * [OIC] based on doubt as to liability, doubt as to collectibility, and effective tax administration. That offer is being rejected on all three grounds. It is the Service’s position that ultimately there will be no AMT liability for 2001. However, until the issue is finally decided in the various venues to which you have turned for relief the levy notice continues to be appropriate. On September 29, 2005, the IRS Appeals Office sent Mrs. Chou a Notice of Determination Concerning Your Request for Relief under the Equitable Relief Provision of Section 6015(f) that denied Mrs. Chou’s request for innocent spouse relief for 2000 and 2001. The notice simply stated, in relevant part: We’ve determined that, for the above tax year(s), we: - cannot allow your request. No further explanation was given. No further explanation was placed in the administrative file. By notice served March 24, 2006, this case was set for trial in San Francisco, California, on August 28, 2006. On July 24, 2006, respondent filed a motion for continuance of trial, representing, in part: 5. Respondent concedes that the determination set forth in the Notice of Determination Concerning Collection Action(s) under Section 6320 and/or 6330 issued to petitioners on September 13, 2005, for petitioners’ income tax liability for the taxable year 2001 will not be sustained.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007