- 2 - This proceeding arises from a petition for judicial review filed in response to a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) sent to petitioner on December 22, 2005. The issue for decision is whether respondent abused his discretion in sustaining a proposed levy action against petitioner.1 Background Petitioner resided in Silver Spring, Maryland, when her petition was filed. Petitioner was a practicing physician at the time of trial. Petitioner filed late a 2003 Federal income tax return and did not pay all the tax reported thereon. Respondent assessed the tax, as well as related penalties and interest, and issued petitioner a Final Notice of Intent to Levy and Notice of Your Right to a Hearing. Petitioner timely submitted a Form 12153, Request for a Collection Due Process Hearing, offering to pay $100 a month toward her tax liability. Petitioner’s case was assigned to a settlement officer, who determined that petitioner had not filed her 2004 tax return. On November 8, 2005, the settlement officer requested that petitioner submit a signed 2004 tax return and a Form 433-A, 1 Respondent filed a motion for summary judgment in September 2006. Because we find there are genuine issues of material fact, summary judgment is inappropriate. See Naftel v. Commissioner, 85 T.C. 527, 529 (1985). We therefore shall deny respondent’s motion.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011