Paul J. Kennedy - Page 2




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          hearing (notice of intent to levy) was sent to his proper                   
          address.  Because we find that respondent has not issued a valid            
          NFTL or a valid notice of intent to levy, we shall dismiss this             
          case for lack of jurisdiction.                                              
                                     Background                                       
               At the time this petition was filed, petitioner resided at             
          1101 Kost Road in Alvin, Texas (the Kost Road address).  It                 
          appears that petitioner has not filed income tax returns since              
          1996.  According to respondent, petitioner’s last known address             
          was RR 4, Box 415, Alvin, Texas 77511 (the Box 415 address).                
          While petitioner did in fact reside at this address at some                 
          point, the parties agree that petitioner has not lived there for            
          some time.                                                                  
               On July 9, 2001, respondent’s Collection Branch sent a                 
          Letter 2797 addressed to petitioner at the Kost Road address.               
          The Letter 2797 asked petitioner to verify that the Kost Road               
          address was his correct address.  Petitioner checked the box                
          indicating that the Kost Road address was in fact his correct               
          address.  Petitioner then mailed the completed Letter 2797 back             
          to respondent by certified mail.  According to the return                   
          receipt, respondent received the completed Letter 2797 on July              
          19, 2001, in Ogden, Utah.                                                   
               On or about February 16, 2007, respondent issued the NFTL              
          with respect to petitioner’s tax liabilities for the years 1999,            







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