Stephen G. Elek - Page 7

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          judgment, petitioner renews this claim, arguing that it                     
          constitutes a genuine issue of material fact.  Respondent admits            
          that no assessment certificate was included with the Notice of              
          Intent to Levy; accordingly, no issue of fact arises.  Respondent           
          further points out, however, that copies of Forms 4340 covering             
          1995, 1996, and 1997 were mailed to petitioner on July 25, 2001.            
               Petitioner’s argument that the failure to provide assessment           
          certificates with the Notice of Intent to Levy invalidates the              
          levy or otherwise deprives him of rights to which he is entitled            
          has no merit.  There is no requirement that a certificate of                
          assessment be provided with a levy notification.  Sections 6330             
          and 6331, which establish requirements for information to be                
          included with a notice of levy, make no mention of an assessment            
          certificate or other proof of assessment as an item of                      
          information to be so included.  Respondent treated petitioner’s             
          reference in his hearing request to his rights under section                
          301.6203-1, Proced. & Admin. Regs., as constituting a request for           
          a copy of the record of assessment for the liabilities sought to            
          be collected.  Respondent provided Forms 4340 in response thereto           
          on July 25, 2001.  Thus, there is no showing of any violation of            
          petitioner’s rights under section 6203.  Further, petitioner was            
          offered a hearing through either a face-to-face meeting or by               
          means of correspondence and did not avail himself of either                 
          opportunity.                                                                






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