- 5 - Forms 12153. Petitioner did not provide financial information, nor did he propose any collection alternatives. On July 1, 2005, respondent issued petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) with respect to the years at issue. Respondent determined that petitioner’s arguments were frivolous, that the arguments went to the underlying tax liability, and that petitioner was precluded from challenging the underlying tax liability because he had received a notice of deficiency.3 After verifying that all administrative and statutory requirements were met, respondent sustained the proposed collection actions.4 Respondent warned petitioner that, if he continued to raise frivolous arguments, the Court could impose a penalty under section 6673(a)(1). 3 Apparently, during the sec. 6330 hearing, petitioner also argued that the Federal tax lien should be withdrawn because petitioner submitted at least two sec. 6330 hearing requests before the notice of intent to levy and the notice of Federal tax lien were issued. Respondent determined that petitioner’s right to a sec. 6330 hearing did not arise until after the notice of intent to levy and the notice of Federal tax lien were issued, that the previous sec. 6330 hearing requests were premature, and that petitioner did not otherwise establish why the Federal tax lien was improperly filed. In his petition, petitioner does not argue that the Federal tax lien was improperly filed. Thus, we find petitioner has conceded the issue. See Rule 331(b)(4). 4 To determine whether assessment procedures were followed and whether all administrative and statutory requirements were met, Ms. Smith relied on TXMODA transcripts of account for petitioner’s tax years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007