Richard Fransen - Page 8




                                        - 8 -                                         
               * Per review of computer transcripts, the CDP notice                   
               (Letter 3172) was sent by certified mail to your last                  
               known address, no later than 5 business days after the                 
               NFTL was recorded (IRC § 6320(a)).  This was also the                  
               address shown on your CDP hearing request.  The lien                   
               was filed on September 20, 2005 and the Letter 3172 was                
               mailed on September 27, 2005, which is within 5 busi-                  
               ness days of the lien filing.                                          
               * The collection period allowed by statute to collect                  
               these taxes has been suspended by the appropriate                      
               computer codes for the tax periods at issue.  Transac-                 
               tion Code 520, has been posted for each of the taxes                   
               and periods listed on the NFTL as the date the IRS                     
               received the CDP hearing request.                                      
               * Per transcript analysis, a CP504 notice, warning of a                
               possible filing of a NFTL, was issued for the tax                      
               periods subject to the hearing at least 31 days prior                  
               to the NFTL filing.  The notice was mailed on May 9,                   
               2005.                                                                  
               * There is no pending bankruptcy case, nor did you have                
               a pending bankruptcy case at the time the CDP notice                   
               was sent (11 U.S.C. § 362(a)(6)).                                      
                    !    This Appeals employee has had no prior in-                   
                         volvement with this taxpayer concerning the                  
                         applicable tax periods before this CDP case.                 
               Issues Raised by the Taxpayer                                          
               Challenges to the Existence or Amount of the Liability                 
               You have challenged the existence or the amount of the                 
               liability on the returns prepared by the IRS under IRC                 
               §6020(b).  The underlying liability issue is precluded                 
               from this hearing.  Furthermore, you have not prepared                 
               and submitted your own returns which would allow the                   
               IRS to adjust your tax liabilities.                                    
               Challenges to the Appropriateness of the Collection                    
               Action                                                                 
               You have not requested the NFTL be withdrawn.  However,                
               I have considered whether any of the criteria for                      
               allowing withdrawal of the lien existed in your case.                  







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 10, 2007