- 5 - Under Section 6320 and/or 6330. The notice of determination provided in pertinent part: We advised that some of the issues raised in your appeal were of a frivolous nature. We advised that this was your opportunity to discuss why you believed you did not owe the tax and/or why you could not pay the tax liability. You advised that you believe you were assessed additional tax because your election for S-corporation status was denied. You stated that you believed that the denial was in error and that the IRS granted this status in 1999. Your representative advised that you could not pay the tax because you had received threats on your life.[4] You have not advised as to how the alleged death threats have impacted your ability to pay the tax liability. The notice of determination stated that petitioner did not provide the requested information and documentation to Ms. Derrick. It further provided that “Although a levy is intrusive, you have not provided financial data that would allow our office to consider a viable collection alternative”. The Form 4340, Certificate of Assessments, Payments, and Other Specified Matters, for taxable year 2000, attached as an exhibit to the joint stipulation of facts in this case, was not obtained until after the notice of determination was issued. Petitioner filed a 4Mr. Dahlin’s former legal assistant and office manager solicited a “hitman” to murder him. Respondent objected, based on relevancy, to the admission into evidence of a newspaper article that discussed the solicitation of first degree murder by Mr. Dahlin’s former employee and the subsequent trial. See Fed. R. Evid. 401. The Court concludes that while the relevancy of the newspaper article is certainly limited, it meets the threshold definition of relevant evidence and is admissible. The Court will give the article only such consideration as is warranted by its pertinence to the Court’s analysis of the case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007