Kenneth A. Sapp - Page 3

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               Applicable Law and Administrative Procedures                            
               IRC section 6631(d) requires that the IRS notify a                      
               taxpayer at least 30 days before the day of levy.                       
               Notice CP 523 was mailed to you via certified mail.                     
               IRC section 6630(a) states that no levy may be made                     
               unless the IRS notifies a taxpayer of the opportunity                   
               for a hearing with the IRS Office of Appeals.  Notice                   
               CP 523 “Notice of Intent to Levy” was mailed to you via                 
               certified mail.  You made a timely request for a hear-                  
               ing.                                                                    
               IRC section 6330(c) allows you to raise any relevant                    
               issue relating to the unpaid tax or the proposed levy                   
               at the hearing.                                                         
               Relevant Issues Raised by the Taxpayer                                  
               You did not attend the Scheduled hearing and have not                   
               responded to any contact by the Appeals Office.                         
               Balancing Collection and Intrusiveness                                  
               The outstanding tax liabilities for 1990, 1991, 1992                    
               and 1993 are based on the returns you filed for those                   
               years.  The 1996 liability is based on information the                  
               IRS had on file. * * *                                                  
               Since you have not responded to any contact by the                      
               Appeals Office, your case will be returned to the                       
               Collection function for appropriate action.                             
               Respondent acknowledges in respondent’s response to peti-               
          tioner’s motion:  “The February 5, 2002, Notice of Determination             
          did not contain all the statements required by Treas. Reg. �                 
          301.6330-1(e)(3) Q&A-E8.  For this reason, Appeals sent to                   
          petitioner the Supplemental Notice dated May 1, 2003.”                       
               The “Supplemental Notice dated May 1, 2003" referred to in              
          respondent’s response to petitioner’s motion is a supplemental               
          notice of determination concerning collection actions(s) under               





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