Alan Lee and Debi Marie Kuykendall - Page 9




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          the Eleventh Circuit held as a matter of law that receipt of a              
          notice of deficiency with only 8 days remaining in the filing               
          period was insufficient to permit the timely filing of a                    
          petition.  Sicker v. Commissioner, 815 F.2d 1400 (11th Cir.                 
          1987).                                                                      
               In this case, petitioners received the notice of deficiency            
          with 12 days remaining to petition this Court.  Petitioners did             
          not deliberately avoid receipt of the notice.  In fact, upon                
          realizing that they did not receive it, petitioners asked                   
          respondent’s examiner to fax it to them immediately.  Since                 
          petitioners received the notice of intent to levy, Ms. Kuykendall           
          has diligently sought to dispute the underlying tax liability by            
          requesting a section 6330 hearing and providing respondent’s                
          Appeals officer documentation supporting the disallowed                     
          deductions.                                                                 
               Applying the standards set forth in Mulvania v.                        
          Commissioner, supra, and Looper v. Commissioner, supra, to                  
          section 301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs., we hold           
          that 12 days was insufficient time for petitioners to petition              
          this Court for redetermination of the notice of deficiency.                 
          Therefore, petitioners were entitled to challenge the existence             
          or the amount of the underlying tax liability during their                  
          section 6330 hearing.                                                       








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