Gary Wright - Page 5

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          continued with your non-filer arguments.”2  The letter similarly            
          observed that because petitioner was “not in filing compliance”             
          for 1995 through 2002, collection alternatives were unavailable.            
          Mr. Freitag enclosed with the letter copies of Forms 4340,                  
          Certificate of Assessments, Payments, and Other Specified                   
          Matters; copies of the cases Pierson v. Commissioner, 115 T.C.              
          576 (2000), and Nestor v. Commissioner, 118 T.C. 162 (2002); and            
          copies of various Internal Revenue Code sections and IRS                    
          publications addressing tax liability and frivolous arguments.              
               In the second letter, Mr. Freitag dealt specifically with a            
          statement in petitioner’s November 10, 2003, letter that                    
          referenced referral of his case to the IRS National Office for              
          “technical advice”.  To the extent that petitioner’s statement              
          was construed as a request for such a referral, Mr. Freitag                 
          denied the request on grounds that no issue of sufficient                   
          complexity to meet the standards for National Office review had             
          been presented.  Petitioner was given 10 days to respond with               
          further information that might justify referral.                            
               On February 2, 2004, respondent issued to petitioner the               
          aforementioned Notice of Determination Concerning Collection                

               2 In contrast, an explanatory attachment to the subsequent             
          Feb. 2, 2004, notice of determination recites that petitioner had           
          a prior opportunity to dispute assessment and could not challenge           
          the underlying liability.  The earlier correspondence quoted                
          above, corroborated by the testimony of Mr. Freitag at trial,               
          reflects that petitioner was not precluded from challenging his             
          underlying liability during the collection hearing process.                 





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