Theodore C. and Denise M. Schwartz - Page 3

                                        - 3 -                                         
               For a case to qualify as a small tax case under section                
          7463, the amount involved may not exceed a specified dollar                 
          amount.  This amount is generally expressed as $50,000.  However,           
          as later explained, the $50,000 limit is expressed in different             
          statutory language, depending on the type of tax in issue (e.g.,            
          income, estate, or gift) and the type of proceeding (e.g.,                  
          deficiency cases, section 6015(e) spousal relief cases, or                  
          section 6330 collection proceedings).                                       
               Section 7463 procedures are available in a section 6330                
          collection case where the taxpayer challenges the Commissioner’s            
          collection determination “in which the unpaid tax does not exceed           
          $50,000.”  Sec. 7463(f)(2).  In posttrial filings, the parties              
          agree that the following amounts of unpaid income tax are                   
          involved in this section 6330 collection case:                              
          Year                    Unpaid Balance of Tax1                              
          1997                           $2,052.96                                    
          1998                           12,861.03                                    
          1999                           27,040.65                                    
          2000                           20,154.68                                    
          2001                           37,315.70                                    
          2002                           30,729.60                                    
          2003                           23,566.81                                    
          Total                       153,721.43                                      
               1These amounts include interest and penalties.  Interest and           
          penalties are generally treated as tax, and any reference in the            
          Internal Revenue Code to “tax” (with exceptions not applicable to           
          this case) shall be deemed to include interest and penalties.               
          Secs. 6601(e)(1), 6665(a).  These are the amounts stated in the             
          Final Notice, Notice of Intent to Levy and Notice of Your Right             
          to a Hearing, dated June 7, 2005.  The determination letter                 
          upholding the proposed levy to collect this unpaid tax was issued           
          on Jan. 3, 2006.                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011