- 4 - hearing concluded that petitioner had not provided any "reasonable" evidence that he had not received the notice of deficiency for 1997 mailed to him and accordingly that petitioner was precluded under section 6330(c)(2)(B) from challenging the underlying liability. On March 22, 2004, a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (levy notice of determination) was issued to petitioner that sustained the levy. Petitioner did not petition the Tax Court with respect to the levy notice of determination. On February 2, 2005, a Letter 3172, Notice of Federal Tax Lien Filing and Your Right to a Hearing Under IRC 6320, with respect to petitioner's 1997 taxable year was sent to petitioner. On April 7, 2005, respondent received petitioner's timely submitted Form 12153, in which petitioner again contended that he never received the income that gave rise to the 1997 liability that respondent was seeking to collect. On May 8, 2005, respondent sent a letter scheduling petitioner's hearing and advising that petitioner was prohibited from disputing the 1997 liability at the hearing because a statutory notice of deficiency had been issued to him and he had failed to contest it in Tax Court. The letter also notified petitioner that if he wanted the Appeals employee to consider collection alternatives, petitioner would be required to submit aPage: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007