- 22 - intent to levy, there is no evidence that his Idaho accountants forwarded it to petitioner or discussed it with petitioner during 2003, or that petitioner otherwise actually received notification of the final notice in time to request a section 6330 hearing. Pursuant to the Form 2848 that respondent received on November 4, 2002, petitioner’s Idaho accountant, Mr. Clayton, was supposed to receive only copies of notices; the original notices were supposed to have been sent directly to petitioner. Mr. Clayton might have been justified in thinking that this is what happened. By the time petitioner requested a hearing in March 2004, he was being represented by other accountants in Kansas. In these circumstances, we decline to impute to petitioner knowledge of the final notice of intent to levy. See Calderone v. Commissioner, T.C. Memo. 2004-240. We conclude and hold that petitioner had no prior opportunity to dispute his underlying income tax liability. Accordingly, we conclude that section 6330(c)(2)(B) does not preclude petitioner from challenging his underlying liability in this proceeding. 4. Whether Petitioner and Astrid Downing Filed a Joint 1995 Return As previously discussed, petitioner claims that the assessment of his 1995 tax was made more than 3 years after he and Astrid Downing filed a joint return in 1996 and consequently is time barred pursuant to section 6501(a). For the reasons described below, we conclude that petitioner never filed his 1995Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 NextLast modified: November 10, 2007