Rose Lynn Richmond - Page 7




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          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 a                        






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