Randy S. Quigley - Page 5

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               Please be advised the courts have consistently and                      
               repeatedly rejected the arguments expressed in your                     
               letters and in many cases have imposed sanctions.  In                   
               Pierson v. Commissioner [Dec. 54, 152], * * * [115 T.C.                 
               576 (2000)], the Court issued fair warning of penalties                 
               under section 6673 to all those taxpayers who, in the                   
               future, institute or maintain a lien or levy action                     
               primarily for delay or whose position in such a pro-                    
               ceeding is frivolous or groundless and has in fact                      
               imposed a penalty in a number of such cases.   (Please                  
               see enclosed Exhibit A) [list of cases showing imposi-                  
               tion of section 6673]                                                   
               Pursuant to Sections 6320 and 6330 of the Internal                      
               Revenue Code, Section 6320(c) discusses matters consid-                 
               ered at the hearing.  Section 6330(c)(2)(B) precludes                   
               any challenge to the underlying liability, at the                       
               hearing, for any period, if the person received a                       
               statutory notice of deficiency or otherwise had an                      
               opportunity to dispute the liabilities.                                 
          The Appeals officer enclosed with the Appeals officer’s January              
          5, 2004 letter a copy of a TXMODA transcript with respect to                 
          petitioner’s taxable year 1999.                                              
               On February 4, 2004, petitioner sent a letter (petitioner’s             
          February 4, 2004 letter) to respondent’s Appeals Office, which               
          stated in pertinent part:                                                    
                    In my numerous responses to the IRS I have re-                     
               quested to have a hearing, as provided for in proce-                    
               dures and Regulations (601.105(b)(1) thru                               
               601.105(d)(2)(i)) but as of yet I have been offered                     
               none.  Now for exact purpose that the ‘Restructuring                    
               and Reform Act of 1998' was enacted into law, I am                      
               again being denied.                                                     
                    A hearing as called for in IRC Sec 6330(b)(1) “if                  
               the person requests a hearing under subsection                          
               (a)(3)(B), such hearing shall be held by the Internal                   
               Revenue Service Office of Appeals.”.  Further more in                   
               the US District Court Case of ‘MESA OIL, INC., Plain-                   
               tiff, v. UNITED STATES OF AMERICA, Defendant. Civil                     
               Action No. 00-B-851', Nov. 21, 2000 wherein I quote                     





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