Dimitrios T. Manousos and Anne M. Manousos - Page 6




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               Ultimately, on October 4, 2006, respondent’s Appeals Office            
          sent to petitioners a Notice of Determination Concerning                    
          Collection Action(s) Under Section 6320 and/or 6330.  The notice            
          of determination sustained the proposed levy.                               
               The Attachment to the notice of determination, authored by             
          the settlement officer, included the following statement:                   
               You stated that you were not interested in the setting                 
               up of a payment plan.  It was explained to you that [a]                
               payment [plan] could not be considered as you were not                 
               compliant in filing all your tax returns.  You were                    
               still interested in the liability issue.  The                          
               Settlement Officer explained that you had prior                        
               opportunity to question the liability issue and this                   
               could not be considered at the hearing.                                
          Petitioners’ Petition                                                       
               On October 31, 2006, petitioners filed a petition with this            
          Court, appealing from the October 4, 2006 notice of                         
          determination.  The petition focuses solely on the existence or             
          amount of petitioners’ underlying liability for 2002.                       
          Respondent’s Motion For Summary Judgment                                    
               As previously stated, respondent filed a Motion For Summary            
          Judgment, which motion was subsequently supplemented.  In his               
          motion, respondent relies on section 6330(c)(2)(B).  In that                
          regard, respondent states, in part, as follows:                             
                    In both their CDP [Collection Due Process] hearing                
               request and their petition, the petitioners challenged                 
               the underlying tax liability for the tax year 2002.                    
               Pursuant to section 6330(c)(2)(B), the petitioners                     
               cannot raise during the CDP hearing the existence or                   
               amount of the underlying tax liability if petitioners                  







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