Elsa Estelle Hopkins - Page 5




                                        - 4 -                                         
          Request for Innocent Spouse Relief, with attachments.3                      
          Petitioner included a letter with her Forms 12153 and 8857,                 
          stating that she was “willing to take responsibility” for her               
          share of the amount of tax due.                                             
               Petitioner’s request for a collection due process hearing              
          and request for section 6015 relief were assigned to an Appeals             
          officer.  In his initial letter to petitioner, the Appeals                  
          officer requested that she provide him with all information she             
          wanted him to consider in making his determination.  The Appeals            
          officer also requested that if petitioner wanted him to consider            
          an alternative collection method, she complete a Form 433-A,                
          Collection Information Statement for Wage Earners and Self-                 
          Employed Individuals.  Petitioner requested additional time to              
          gather the requested information, and she was given a deadline of           
          January 4, 2006, to respond.  Despite being granted additional              
          time, petitioner did not provide any additional information to              
          respondent during the administrative hearing.  Petitioner did not           
          propose any collection alternatives, nor did she challenge the              


               3 Petitioner’s Form 12153, Request for a Collection Due                
          Process Hearing, was filed timely as to the notice of Federal tax           
          lien but not as to the notice of intent to levy.  Petitioner had            
          an equivalent hearing under sec. 301.6330-1(i), Proced. & Admin.            
          Regs., for the proposed levy action for tax years 1994 and 1995,            
          but respondent did not issue a notice of determination.  At                 
          trial, respondent moved to dismiss petitioner’s request for                 
          judicial review of the levy action for lack of jurisdiction since           
          petitioner received an equivalent hearing, which is not subject             
          to judicial review.  Because we granted respondent’s motion, the            
          levy action for tax years 1994 and 1995 is not at issue.                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007