Warren R. Follum - Page 9




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          those tax liabilities.  The Court granted respondent’s motion to            
          remand.                                                                     
               On August 10, 2005, respondent’s Appeals Office issued to              
          petitioner a “SUPPLEMENTAL NOTICE OF DETERMINATION CONCERNING               
          COLLECTION ACTION(S) UNDER SECTION 6320 and/or 6330” in which               
          respondent’s Appeals officer sustained the determination made in            
          the notices of deficiency issued to petitioner with respect to              
          petitioner’s income tax for the years 1990 through 1993.                    
               In his request for an administrative hearing and the                   
          amendment thereto with respect to the filing of the lien,                   
          petitioner did not raise any collection alternatives.  Petitioner           
          asserted that respondent did not mail notice and demand for                 
          payment to petitioner’s last known address, that the Form 5213              
          which he filed was invalid because it was not submitted to                  
          respondent within 60 days of receipt by petitioner, and therefore           
          that the period of limitations had expired for the years 1990 and           
          1991.                                                                       
               In the notice of determination, respondent’s Appeals officer           
          determined that notice and demand for payment had been mailed to            
          petitioner’s last known address because the notice had been                 
          mailed to the address on petitioner’s most recently filed Federal           
          income tax return.                                                          
               Respondent’s Appeals officer determined that petitioner                
          submitted the Form 5213 to respondent more than 60 days following           







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