Claude E. and Dana L. Salazar - Page 6




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               On or about December 6, 2003, respondent issued a final                
          notice of intent to levy related to the income tax liabilities              
          for 1997, 1998, and 1999.  Respondent’s notice of intent to levy            
          did not include Mr. Salazar’s employment tax liabilities.  On               
          December 16, 2003, petitioners submitted a Form 12153, Request              
          for a Collection Due Process Hearing.  Notwithstanding the fact             
          the final notice of intent to levy pertained only to petitioners’           
          income tax liabilities, petitioners indicated they were seeking             
          collection review with respect to both their income and                     
          employment tax liabilities.  Petitioners stated:  “We declared              
          Chapter 7 bankruptcy in January 2001.  Discharge was July 2001              
          [sic]--there were assets--the bankruptcy is still open pending              
          filing of final accounting report by the trustee.  Calls to IRS             
          and IRS bankruptcy Department have gone unanswered.”  Despite the           
          request for a collection review hearing, respondent issued the              
          levy.  Upon realizing that he should have suspended the proposed            
          levy action until after the hearing and any appeals, respondent             
          released the levy.  See sec. 6330(e)(1); Grover v. Commissioner,            
          T.C. Memo. 2007-176.                                                        
               Petitioners’ file was forwarded to Appeals Settlement                  
          Officer Bruce Conte.  On May 14, 2004, Mr. Conte contacted                  
          petitioners to schedule a conference.  At the same time, Mr.                
          Conte contacted respondent’s internal bankruptcy specialists.               
          Mr. Conte received a fax from a specialist outlining petitioners’           







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