Richard S. Cotler - Page 7




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               On August 31, 2004, respondent issued Mr. Cotler a Final               
          Notice--Notice of Intent to Levy and Notice of Your Right to a              
          Hearing (notice of intent to levy) regarding his outstanding 1997           
          and 1998 income tax liabilities.                                            
               On September 1, 2004, respondent filed a Notice of Federal             
          Tax Lien (NFTL) for years 1997 and 1998.  On September 3, 2004,             
          the IRS provided Mr. Cotler with a Notice of Federal Tax Lien               
          Filing and Your Right to a Hearing Under IRC 6320 (notice of                
          lien).  Mr. Cotler timely submitted to respondent a Form 12153,             
          Request For Collection Due Process Hearing, contesting his                  
          underlying liability.                                                       
               On May 20, 2005, respondent issued a Notice of Determination           
          Concerning Collection Action(s) Under Section 6320 and/or 6330              
          sustaining the notice of intent to levy and the filing of the               
          NFTL.  Mr. Cotler timely petitioned the Court.                              
                                       OPINION                                        
          I.  Collection                                                              
               Petitioner has neither claimed nor shown that he satisfied             
          the requirements of section 7491(a) to shift the burden of proof            
          to respondent with regard to any factual issue relevant to                  
          ascertaining his liability for any tax imposed under subtitle A             
          of the Code.  Accordingly, petitioner bears the burden of proof.            
          Rule 142(a).                                                                








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