2005 Tax Ct. Summary LEXIS 113">*113 PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b), THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE.
PANUTHOS, Chief Special Trial Judge: This case was heard pursuant to the provisions of
Respondent issued petitioner a Notice of Determination Concerning Collection Action(s) Under
The issue for decision is whether respondent's determination to proceed with collection action was an abuse of discretion.
Background
Some of the facts have been stipulated, 2005 Tax Ct. Summary LEXIS 113">*114 and they are so found. Petitioner resided in New York, New York, at the time the petition was filed.
Petitioner filed a Federal income tax return for the taxable year 1995 on June 17, 1996. The return was examined by respondent. On May 11, 1998, a notice of deficiency was issued determining a deficiency in the amount of $ 2,200 for the taxable year 1995. A timely petition was filed with this Court (docket No. 13739-98S) and on March 18, 1999, a decision was entered for the taxable year 1995 in the amount of $ 2,200. The decision was entered pursuant to the stipulation of the parties. The stipulated decision was executed by petitioner and counsel for respondent. After the decision was entered, petitioner submitted a check to respondent in the amount of $ 2,816.47. The check was not honored by the bank due to insufficient funds.
On January 26, 2001, respondent sent petitioner a final notice of intent to levy and right to a collection due process hearing. Petitioner timely filed with respondent a Form 12153, Request for a Collection Due Process Hearing. As a basis for her disagreement with respondent's proposed collection action petitioner asserts, among other things, that "govt. agencies2005 Tax Ct. Summary LEXIS 113">*115 colluded in egregious civil & human rights abuses against me & my family". By letter dated November 27, 2001, the Appeals officer invited petitioner to submit additional relevant information relating to the issues that could be considered. In this connection, a Form 433-A, Collection Information Statement, was provided to petitioner so that she could present collection alternatives to respondent. Petitioner responded by letter dated December 8, 2001. The letter does not contain any information or assertions that could reasonably be considered as an appropriate challenge to respondent's collection action. As a result, on February 11, 2002, respondent issued a notice of determination, wherein he concluded that respondent could proceed with the proposed collection action.
Discussion
This Court has jurisdiction to review the Commissioner's administrative determination under
Under
On the basis of the information considered by the Appeals officer, we cannot2005 Tax Ct. Summary LEXIS 113">*117 conclude that the Appeals officer's determination to proceed with collection action was an abuse of discretion. See
Reviewed and adopted as the report of the Small Tax Case Division.
To give effect to the foregoing,
Decision will be entered for respondent.
1. Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended.↩