Neal Swanson - Page 7

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               The administrative file shows that you filed                           
               bankruptcy.  You stated that the unpaid taxes were                     
               discharged in your bankruptcy.  Section 523(a)(1)(B)(i)                
               of the Bankruptcy Code states that a tax liability is                  
               not discharged if the return was not filed.  SFR                       
               assessed income tax returns are not considered                         
               voluntarily filed and are not dischargeable per Section                
               523(a)(1)(B)(i).                                                       
               Internal Revenue Service records disclose that you have                
               not filed Form 1040 U.S. Individual Income Tax returns                 
               for the years 1996, 1997, 1998, 1999.  Appeals will not                
               consider an alternative collection solution because you                
               are not in compliance by voluntarily filing these                      
               income tax returns.                                                    
               You did not agree with Appeals and the Internal Revenue                
               Service concerning the interpretation of the income tax                
               and bankruptcy statutues [sic].  However, you expressed                
               an interest in filing your 1996 through 1999 income tax                
               returns through regular Internal Revenue procedures and                
               then submitting an offer in compromise after any                       
               additional liabilities were assessed.                                  
               Balancing of Need for Efficient Tax Collection With                    
               Taxpayer’s Concern of Intrusiveness:                                   
               An acceptable alternative to the levy is not                           
               appropriate due to the fact you are not currently in                   
               compliance in filing all required income tax returns.                  
               It appears that levy sources currently exist.                          
               Accordingly, it is determined that the levy balances                   
               the Government’s need to efficiently collect the 1993,                 
               1994 and 1995 tax liabilities with your legitimate                     
               concern of intrusiveness.                                              
          The notice of determination was signed by Leland J. Neubauer,               
          Appeals Team Manager (the Appeals officer).                                 
               On May 11, 2001, petitioner submitted to the Court a letter            
          that the Court filed as petitioner’s imperfect petition for lien            
          or levy action requesting a review of respondent’s determination            
          to proceed with collection.  Because the letter did not comply              






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