Dudley Joseph Callahan and Myrna Dupuy Callahan - Page 4




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               On September 19 and 26, 2005, respondent, on the basis of              
          their Form 1040 and Form 843, assessed two $500 penalties against           
          petitioners for filing a frivolous income tax return for 2003.              
          On April 24, 2006, respondent sent petitioner husband a Final               
          Notice of Intent to Levy and Notice of Your Right to a Hearing.             
          On May 11, 2006, petitioners timely submitted to respondent a               
          Form 12153, Request for a Collection Due Process Hearing, for               
          taxable years 1979 through 2003.  Petitioners attached a four-              
          page letter to the request.  Respondent treated the request as a            
          request for a hearing for 2003, the only year addressed by the              
          final notice of intent to levy.                                             
               In their request petitioners made numerous arguments                   
          including that the period of limitations on collection for 2003             
          had expired, respondent illegally offset their income tax refunds           
          against the unfair frivolous return penalties, and the frivolous            
          return penalties are unreasonable.                                          
               On August 17, 2006, respondent’s Appeals officer sent each             
          petitioner a letter offering to discuss their case by telephone             
          and inviting them to send correspondence with respect to the                
          issues of their appeal.  On August 22 and November 1, 2006,                 
          petitioners sent letters to the Appeals officer raising various             
          arguments, most of which are unrelated to the frivolous return              
          penalties and include various allegations of illegality and                 
          impropriety by respondent.  With respect to the frivolous return            







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