- 6 - Petitioners ignored the December 13, 2004, notices of intent to levy, believing the notices would be followed by other “final” notices of intent to levy before any levies would actually be executed. However, without further notice, in May of 2005 respondent levied on petitioners’ bank account. Petitioners thereupon requested, by means of Form 12153,6 a hearing for each year under section 6330. We hereinafter refer to these requests, which petitioners telefaxed to respondent on May 11, 2005, collectively as the second request for a section 6330 hearing. Respondent released the levy on petitioners’ bank account on May 12, 2005. Respondent determined that petitioners’ second request for a section 6330 hearing was untimely and therefore petitioners were entitled only to an equivalent hearing pursuant to section 301.6330-1(i)(1), Proced. & Admin. Regs. An equivalent hearing was held on November 17, 2005. At that time, petitioners had still not made estimated tax payments as required by the installment agreement. Consequently, the Appeals Office refused to enter into another installment agreement with petitioners and 6The Commissioner’s Form 12153 instructs taxpayers to “Use this form to request a hearing with the IRS Office of Appeals only when you receive a Notice of Federal Tax Lien Filing & Your Right To A Hearing Under IRC 6320, a Final Notice--Notice Of Intent to Levy & Your Notice Of a Right To A Hearing, or a Notice of Jeopardy Levy and Right of Appeal.” The parties treated petitioners’ May 11, 2005, request for a hearing as a request for a sec. 6330 hearing in response to a notice of levy, even though the request was not made in response to the cited notices.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007