Richard M. Downing - Page 22




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          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 1995           






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