Lucinda A. Yazzie - Page 6

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               discuss collection alternatives unless her liability                   
               was proven to her.                                                     
               Petitioner’s petition disputing the notice of determination            
          was filed with the Court on September 9, 2003, and reflected an             
          address in Window Rock, Arizona.  Petitioner’s complaints with              
          respect to the administrative proceedings include the following:            
          No legitimate hearing under section 6330 ever took place;                   
          petitioner was not permitted to record a hearing; petitioner was            
          denied the opportunity to raise issues she deemed “relevant”                
          (e.g., the “existence” of the underlying tax liability); and                
          requested documentation was not produced (e.g., record of the               
          assessments, statutory notice and demand for payment, any “valid            
          notice of deficiency”, various delegations of authority, and                
          verification from the Secretary that all applicable requirements            
          were met).  Petitioner prays that this Court declare invalid the            
          August 14, 2003, determination; order the IRS to hold the                   
          statutorily mandated “Collection Due Process Hearing”; order the            
          IRS to have at the hearing all documents requested by petitioner;           
          and order the Government to reimburse petitioner for all costs              
          incurred in submitting the instant petition.2                               
               After the pleadings were closed in this case, respondent               
          filed the subject motion for summary judgment and to impose a               

               2 The Court notes that to the extent that the petition seeks           
          reasonable administrative and/or litigation costs pursuant to               
          sec. 7430, any such claim is premature and will not be further              
          addressed.  See Rule 231.                                                   





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