George E. Harp - Page 5




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          Forms 12153.  Petitioner did not provide financial information,             
          nor did he propose any collection alternatives.                             
               On July 1, 2005, respondent issued petitioner a Notice of              
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330 (notice of determination) with respect to the years             
          at issue.  Respondent determined that petitioner’s arguments were           
          frivolous, that the arguments went to the underlying tax                    
          liability, and that petitioner was precluded from challenging the           
          underlying tax liability because he had received a notice of                
          deficiency.3  After verifying that all administrative and                   
          statutory requirements were met, respondent sustained the                   
          proposed collection actions.4  Respondent warned petitioner that,           
          if he continued to raise frivolous arguments, the Court could               
          impose a penalty under section 6673(a)(1).                                  



               3  Apparently, during the sec. 6330 hearing, petitioner also           
          argued that the Federal tax lien should be withdrawn because                
          petitioner submitted at least two sec. 6330 hearing requests                
          before the notice of intent to levy and the notice of Federal tax           
          lien were issued.  Respondent determined that petitioner’s right            
          to a sec. 6330 hearing did not arise until after the notice of              
          intent to levy and the notice of Federal tax lien were issued,              
          that the previous sec. 6330 hearing requests were premature, and            
          that petitioner did not otherwise establish why the Federal tax             
          lien was improperly filed.  In his petition, petitioner does not            
          argue that the Federal tax lien was improperly filed.  Thus, we             
          find petitioner has conceded the issue.  See Rule 331(b)(4).                
               4  To determine whether assessment procedures were followed            
          and whether all administrative and statutory requirements were              
          met, Ms. Smith relied on TXMODA transcripts of account for                  
          petitioner’s tax years at issue.                                            





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