David Andrew and Kathleen Stilwell Schmith - Page 9




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               F.  Petitioners’ Petition                                              
               On January 24, 2002, petitioners filed with the Court a                
          Petition for Lien or Levy Action seeking review of respondent’s             
          notice of determination.5  The petition includes allegations                
          that: (1) The Appeals officer failed to obtain verification from            
          the Secretary that the requirements of any applicable law or                
          administrative procedure were met as required under section                 
          6330(c)(1); (2) petitioners never received a “valid” notice of              
          deficiency; i.e., one sent by the Secretary or someone authorized           
          by the Secretary; (3) petitioners never received “the statutory             
          ‘Notice and Demand for payment’”; and (4) petitioners were denied           
          the opportunity to challenge the existence or amount of their               
          underlying tax liability.                                                   
               Petitioners attached to their petition several documents,              
          including copies of the notice of deficiency dated June 16, 2000,           
          and their letter dated July 11, 2000, acknowledging receipt of              
          that notice.  See supra “B.”.                                               
               G.  Respondent’s Motion For Summary Judgment                           
               As stated, respondent filed a Motion For Summary Judgment.             
          Respondent contends that petitioners are barred under section               


               5  Petitioners’ petition arrived at the Court in an envelope           
          bearing a U.S. Postal Service postmark date of October 18, 2001.            
          During the Fall/Winter of 2001-2002, the Court experienced                  
          significant delays in the receipt of mail because of anthrax.               
               At the time that the petition was filed, petitioners resided           
          in Las Vegas, Nevada.                                                       





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