- 4 - Petitioners submitted a completed Form 12256 on April 6, 2004.4 By signing the form, each petitioner acknowledged: I’ve received a resolution with the Internal Revenue Service regarding the tax and tax period that my hearing request concerned and I’m satisfied that I no longer need a hearing with Appeals. Therefore, I withdraw my request for a Collection due Process (CDP) Hearing under * * * IRC Section 6330, notice and opportunity for a hearing before a levy * * * I understand that by withdrawing my request: • I give up my right to a Collection Due Process Hearing with the Office of Appeals. I understand that the Office of Appeals will not issue a Notice of Determination with respect to the tax and tax period the hearing request concerned. • I give up my right to seek judicial review, in the Tax Court or a U.S. District Court, of the Notice of Determination that the Office of Appeals would have issued as a result of the Collection Due Process Hearing, as the Office of Appeals will not issue a Notice of Determination. • I give up my right to have the Office of Appeals retain jurisdiction with respect to any determination that it would have made as a result of the Collection Due Process Hearing. • The suspension of levy action and the suspension of the statute of limitations on the period of collection, as required under the provisions of IRC Sections 6320 and 6330, are no longer in effect upon the receipt by Internal Revenue Service (IRS) of this withdrawal. • I have the right to request a hearing with the Office of Appeals that is equivalent to a Collection Due Process Hearing without judicial appeal to the Tax Court or a U.S. District court under IRC Section 6320 or 6330. • I do not give up any other appeal rights that I am entitled to, such as an appeal under the Collection Appeals Program (CAP). 4The Apr. 6, 2004, Form 12256 pertained to 2002. Petitioners stipulated that they also executed a Form 12256 for 2001.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007