- 7 - of balance due for the taxable year 1998, petitioner failed to remit payment. On February 11, 2003, respondent mailed to petitioner a Final Notice of Intent to Levy and Notice of Your Right to a Hearing for 1998 in accordance with section 6330. Petitioner timely submitted to respondent a Form 12153, Request for a Collection Due Process Hearing, which stated: “THE DEFICIENCY IS DUE TO IRS AUDIT AND APPEALS HEARING. THE CASE IS CURRENTLY BEING DISCUSSED WITH TAXPAYER ADVOCATE IN CHICAGO, ILLINOIS. WE REQUEST THAT NO ADDITIONAL COLLECTION ACTIVITY BE COMMENCED UNTIL AFTER RESOLUTION WITH TAXPAYER ADVOCATE.” During the administrative proceedings that followed, the Appeals officer assigned to the matter informed petitioner that the Appeals Office did not have the authority to consider petitioner’s claim for prepayment credits from the taxable years 1982 and 1985. On June 2, 2004, respondent mailed to petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 informing petitioner that respondent intended to proceed with the proposed levy. An Appeals case memo attached to the notice of determination referred to petitioner’s claims for prepayment credits and stated in pertinent part: The prepayment credits were withholdings and prior levies for the 1982 and 1985 tax years. An adjustment was made disallowing the levies at the Examination and Appeals level. The United States Tax Court rendered a decision that was entered on May 22, 2002 that decided that the prior levies would not be allowed as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: March 27, 2008