Cheryl D. Flathers - Page 9




                                        - 9 -                                         
               I have reviewed the correspondence you attached to your                
               request for the collection due process hearing and                     
               would like to point out that the courts have previously                
               ruled against your arguments, and in some instances,                   
               have imposed sanctions.  I have verified the validity                  
               of the assessments through the review of the complete                  
               computer transcripts, the tax return file and related                  
               workpapers.  I have no further legal obligation to                     
               consider any challenge to the validity of the assess-                  
               ment in the absence of independent proof that the                      
               assessment was defective in some manner.  I am hopeful                 
               that you wish to discuss legitimate issues and alterna-                
               tives for resolving your case at the upcoming hearing.                 
               I will have the original tax return for 1998 available                 
               for your review at the hearing, as well as the civil                   
               penalty documentation.                                                 
               On May 3, 2002, respondent’s settlement officer sent peti-             
          tioner another letter (settlement officer’s May 3, 2002 letter).            
          That letter stated in pertinent part:                                       
               I am writing to you regarding the upcoming collection                  
               due process hearing set for May 16, 2002 at 3:00 p.m.                  
               at the Las Vegas Appeals Office.                                       
               You previously indicated in your correspondence that                   
               you intended to audio record the hearing and have a                    
               court reporter present.  There has been a recent change                
               in this practice for hearings before Appeals.  Effec-                  
               tive immediately audio and stenographic recordings will                
               no longer be allowed on Appeals cases.                                 
               The recording of hearings has always been discretionary                
               for Appeals under IRC �7521.  Pursuant to a recent                     
               decision all audio and stenographic recordings will be                 
               eliminated.  You may still have a witness present at                   
               the hearing; however, this witness may not represent                   
               you or negotiate for you.                                              
               On May 7, 2002, in response to the settlement officer’s May            
          3, 2002 letter, petitioner sent the settlement officer a letter             
          (petitioner’s May 7, 2002 letter).  That letter stated in perti-            
          nent part:                                                                  





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