- 4 - basis for requesting the hearing. Settlement Officer Smith also told petitioner that his arguments were frivolous3 and warned him of the penalty under section 6673 for instituting or maintaining proceedings primarily for delay or for taking positions that are frivolous and/or groundless. Settlement Officer Smith further informed petitioner that petitioner could not challenge the underlying tax liability at the section 6330 hearing because he received statutory notices of deficiency for the years in dispute. By letter dated July 10, 2006, petitioner requested that the section 6330 hearing occur by written correspondence, and he assured Settlement Officer Smith that he would provide all relevant information by July 25, 2006. Petitioner attached to his request a Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, but did not provide any information regarding his wages or employer. Petitioner failed to submit the requested information to Settlement Officer Smith by July 25, 2006. On July 31, 2006, the Appeals Office issued to petitioner a Notice of Determination 3For example, in a rebuttal affidavit in response to the statutory notices of deficiency, petitioner alleged that the law does not require him to file Federal income tax returns and that he is not a taxpayer under the law. In his request for a sec. 6330 hearing, petitioner also argued that his wage income is not taxable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007