- 2 - 63301 entitled petitioners to a section 6330 hearing upon respondent’s termination of their installment agreement; and (2) whether respondent’s decision letter was a “determination” for purposes of section 6330. Background At the time petitioners filed the petition, they resided in Shaker Heights, Ohio. Petitioners filed a joint Form 1040, U.S. Individual Income Tax Return, for 2001 and for 2002, each of which showed tax due. Respondent assessed the tax for each year and demanded payment for the unpaid balance. When petitioners failed to pay the balance, respondent determined that enforced collection action would be required. On February 6, 2004, respondent mailed petitioners a Letter 1058, Final Notice of Intent to Levy and Notice of Your Right to a Hearing, for 2002. On February 27, 2004, respondent mailed petitioners a similar form letter for 2001. We hereinafter refer to these letters collectively as the first notice of levy. By means of Form 12153, Request For a Collection Due Process Hearing, petitioners, in March 2004, responded to the first notice of levy by requesting a hearing under section 6330 for both taxable years.2 We hereinafter refer to these March 2004 1Unless otherwise indicated, all section references are to the Internal Revenue Code as amended. 2The request for a sec. 6330 hearing for 2002 was made on Mar. 5, 2004. The request for a sec. 6330 hearing for 2001 was (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007