Juliet Hess - Page 3




                                        - 2 -                                         
          and petitioner, by filing a petition with this Court, contested             
          that determination.  Petitioner’s only allegation of error                  
          questioned the merits of the underlying tax liability.                      
          Respondent, relying on section 6330(c)(2)(B),1 moved for summary            
          judgment on the ground that petitioner is precluded from                    
          contesting the merits of the underlying tax liability because she           
          received a notice of deficiency and failed to contest                       
          respondent’s determination.                                                 
                                     Background                                       
              Petitioner, filed a 2002 Federal income tax return with an              
         address in Wisconsin, reported as her address.  Respondent sent,             
         by certified mail, a statutory notice of deficiency to petitioner            
         at the above address determining an income tax deficiency for                
         2002.  Petitioner failed to petition this Court within the                   
         prescribed time, and respondent assessed the 2002 income tax                 
         deficiency.                                                                  
              Respondent sent petitioner a Form Letter 1058, Final Notice-            
         -Notice of Intent to Levy and Notice of Your Right To a Hearing,             
         dated April 12, 2006.  On April 19, 2006, respondent received                
         petitioner’s Form 12153, Request for a Collection Due Process                
         Hearing.  After additional correspondence, petitioner and the                


               1 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code in effect for the period under                    
          consideration, and Rule references are to the Tax Court’s Rules             
          of Practice and Procedure, unless otherwise indicated.                      






Page:  Previous  1  2  3  4  5  6  Next 

Last modified: March 27, 2008