- 3 - Although petitioner attached a Form W-2, Wage and Tax Statement, showing that petitioner earned $20,2952 from Viking Freight, the 1997 return reports no income and no tax liability. Because petitioner did not file a Federal income tax return for 1998 or 1999, respondent prepared substitutes for returns for those years based on Forms W-2 and other third-party information documents. Respondent assessed a $500 civil penalty against petitioner under section 6702 for filing a frivolous tax return for 1997. Respondent also determined a deficiency in income tax for each of the years 1997, 1998, and 1999 and issued petitioner separate notices of deficiency for each year. Petitioner did not petition the Court in response to any of the notices. Respondent assessed the tax reflected in the notices of deficiency and, on the same dates as the assessments were made, issued petitioner statutory notices of balance due. After petitioner failed to make payment, respondent issued a notice of intent to levy.3 Petitioner timely submitted a Form 12153, Request for a Collection Due Process Hearing. Petitioner’s case was assigned to a settlement officer, who conducted an administrative hearing with petitioner by correspondence. The settlement officer considered both the civil 2 All dollar amounts are rounded to the nearest dollar. 3 The notice of intent to levy also included civil penalties assessed under sec. 6702 for the taxable years 1993 through 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007