- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007