DocketNumber: Docket No. 5054-15L.
Citation Numbers: 2016 T.C. Memo. 175, 112 T.C.M. 329, 2016 Tax Ct. Memo LEXIS 174
Judges: JACOBS
Filed Date: 9/19/2016
Status: Non-Precedential
Modified Date: 11/20/2020
An appropriate decision will be entered.
JACOBS,
Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, in effect at all relevant times.
At the time petitioner filed his petition, he resided in New Jersey. The IRS mailed petitioner a notice of deficiency for tax year 2007 on July 6, 2010, and a notice of deficiency for tax year 2009 on December 12, 2011. Each notice was mailed to petitioner's last known address. At trial respondent's counsel produced two Substitute USPS Forms 3877, which established proof of mailing, by certified mail, of the notices of deficiency with respect to tax years 2007 and *177 2009. Respondent has therefore established that the notices of deficiency were properly mailed. Petitioner did not file a petition in this Court to contest the notices of deficiency.
The IRS assessed the amounts of tax which it determined petitioner owed. Because petitioner failed to pay the determined tax liabilities, the IRS mailed him, on February 5, 2014, Letter 1058(DO), Final Notice--Notice of Intent to Levy and Notice of Your Right to a Hearing, regarding the 2007 and 2009 tax years.3 On February 18, 2014,*176 the IRS mailed petitioner Letter 3172(DO), Notice of Federal Tax Lien Filing and Your Right to a Hearing Under
The case was assigned to Settlement Officer Sharron Dillon who, after confirming that she had had no prior involvement with petitioner, sent him a letter *178 on May 28, 2014, notifying him that his arguments were considered frivolous. Petitioner was offered an opportunity to amend his appeal request by presenting valid reasons for the appeal. On June 12, 2014, petitioner submitted an amended Form 12153 to the IRS Office of Appeals on which he challenged both the notice of Federal tax lien and the notice of intent to levy, again asserting he*177 had never received the notices of deficiency, and requested a face-to-face
Because petitioner did not respond with a "legitimate reason for the appeal", Settlement Officer Dillon disregarded his request for a hearing and closed his case as frivolous in August 2014. Petitioner thereafter telephoned Settlement Officer Dillon's manager and complained that his case had been prematurely closed; petitioner's case was reopened in October 2014. A
At the
Settlement Officer Dillon rejected petitioner's assertions, informing him that his arguments were frivolous. She showed him computer transcripts stating that notices of deficiency*178 regarding tax years 2007 and 2009 were mailed to his last known address. She asked him whether he still lived at the address to which the notices of deficiency were mailed; he confirmed that he did. Settlement Officer Dillon also showed petitioner copies of the notices of deficiency although he disputed that she had. After advising petitioner of her duties as a settlement officer and the purposes of the
Petitioner declined to discuss collection alternatives. Instead, he resumed challenging the authority of the IRS to collect taxes. Petitioner cited the writings of Irwin Schiff, a well-known tax protester, and suggested that Settlement Officer Dillon visit a Web site which supposedly offers a $300,000 reward to anyone who can prove that there is a law mandating that Americans pay taxes. Petitioner *180 communicated with Settlement Officer Dillon several times after his hearing. He did not discuss collection*179 alternatives; rather, he continued to dispute the legality of the IRS' collection activities.
Respondent issued a Notice of Determination Concerning Collection Action(s) Under
A taxpayer is precluded from contesting the existence or amount of the underlying tax liability at the
In the matter before us, the administrative record, compiled by Settlement Officer Dillon, contains copies of the notices of deficiency and the Substitute USPS Forms 3877 showing that the notices of deficiency for tax years 2007 and 2009 were mailed to petitioner at the address where he resided at the time of mailing and where he continues to reside. In the absence of evidence to the contrary, the presumptions of regularity and of delivery justify the conclusion that *183 the notices of deficiency were sent to petitioner but he effectively refused delivery.
Petitioner failed to properly contest the underlying tax liabilities. Petitioner argues that he has no Federal income tax liability because he is not a taxpayer. He posits that "[o]nly 'federal persons' and 'U.S. citizens' (meaning residents of D.C.) or those domiciled in D.C. are liable for the income tax." Moreover, petitioner states: "I CANNOT sign Form 1040 without committing a felony because: I am not a federal 'U.S. citizen' domiciled in the District of Columbia; I will NOT commit a felony (perjury impersonating a federal person) by declaring that I am a U.S. citizen when I'm not." Petitioner's arguments are traditional tax-protester arguments; we decline petitioner's invitation to accompany him on his voyage beyond the boundaries of legitimate tax administration. As has been said on numerous occasions by numerous courts: "We perceive no need to refute these *184 arguments with somber reasoning and copious citation of precedent;*183 to do so might suggest that these arguments have some colorable merit."
Petitioner failed to propose any collection alternative. Consequently, all that remains is for us to review the actions of the IRS Office of Appeals to determine whether any acts of Settlement Officer Dillon constituted an abuse of discretion. In deciding whether a settlement officer abused her/his discretion in sustaining a collection action, we consider whether she/he: (1) properly verified that the requirements of any applicable law or administrative procedure have been met; (2) considered any relevant issues the taxpayer raised; and (3) determined *185 whether "any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the person that any collection action be no more intrusive than necessary."
To conclude, we find no abuse of discretion in Settlement Officer Dillon's determinations that the IRS' lien against petitioner be sustained and that the IRS' proposed levy action against petitioner can proceed.
We have considered all of petitioner's arguments, and to the extent not discussed herein, we find them to be without merit and/or irrelevant.
*186 To reflect the foregoing,
1.
2. The IRS also sought to collect an income tax liability via a proposed levy arising from petitioner's 1996 tax year, but at trial respondent's counsel conceded that year.
3. Letter 1058(DO) also referenced petitioner's 1996 tax year.↩
4. We have interpreted the phrase "underlying tax liability" to include any amounts a taxpayer owes pursuant to tax laws that are subject to the Commissioner's collection activities.
Irwin Schiff v. Commissioner of Internal Revenue , 751 F.2d 116 ( 1984 )
Glenn Crain v. Commissioner of Internal Revenue , 737 F.2d 1417 ( 1984 )
Wnuck v. Comm'r , 136 T.C. 498 ( 2011 )
Gerald J. Rapp and Mary H. Rapp v. Commissioner of Internal ... , 774 F.2d 932 ( 1985 )
Richard D. May v. Commissioner of Internal Revenue , 752 F.2d 1301 ( 1985 )
Thor Power Tool Co. v. Commissioner , 99 S. Ct. 773 ( 1979 )
Katz v. Commissioner , 115 T.C. 329 ( 2000 )
Sego v. Commissioner , 114 T.C. 604 ( 2000 )
Goza v. Commissioner , 114 T.C. 176 ( 2000 )
Coleman v. Commissioner , 94 T.C. 82 ( 1990 )