- 7 - Description of Verification Process for Both Lien and Levy Situations * * * [The settlement officer] verified through exami- nation of transcripts and the administrative file, including the original examination file and copies of the statutory notices of deficiency, that all adminis- trative and legal procedures were followed. The Statu- tory Notice of Deficiency was mailed to your current residence. You did not dispute the receipt of this notice. The notice apprised you of your right to petition the US Tax Court to dispute the assessment. You did not file said petition within the timeframe set by law. Issues Raised by the Taxpayer In a letter attached to your Form 12153 Request for a Collection Due Process Hearing your representative stated, in part “We are interested in reaching a con- clusion and a reasonable payment plan as soon as possi- ble, as stated back in June. Please adjust your re- cords accordingly, since all returns were filed.” In your June letter, your representative stated, “We are at a loss to understand why the Service has not prop- erly adjusted its records to reflect the true liability as all returns have been filed to date and we have asked for this on a number of occasions to no avail.” Response: Because you neglected to file your returns when the Service requested you to do so, the Service prepared returns for you based on income information submitted to the IRS by payers. The authority to prepare returns when a taxpayer fails to do so volun- tarily is found in IRC 6020(b). After the assessments were made, you filed your returns. Although you de- faulted on the original Statutory Notice of Deficiency by failing to petition the US Tax Court, the Service allowed your audit to be reconsidered. The administra- tive record shows that on 10/30/2003 the Service issued Letter 2726 advising you that the changes you requested based on your own returns were considered, however, you failed to supply any supporting documentation. This letter also explained your right to contest this deci- sion in Appeals. IRC � 6330(c)(2)(B) precludes the underlying liability issue from being raised with a Collection Due Process hearing if the taxpayer had a prior opportunity to appeal the assessment.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011