Ronald A. Davis - Page 4




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          Office of Appeals (Appeals).  After the Appeals hearing, the                
          statute contemplates that Appeals will make a determination.                
          Judicial review of an Appeals determination is available if the             
          taxpayer timely files a petition with this Court or the                     
          appropriate District Court of the United States.  See sec.                  
          6330(d).  If an Appeals hearing is requested, the proposed levy             
          action must normally be suspended during the pendency of the                
          Appeals consideration and any subsequent judicial review.  See              
          sec. 6330(e)(1).2                                                           
               On February 3, 1999, respondent sent to petitioner a notice            
          of intent to levy regarding petitioner’s unpaid income tax                  
          liabilities for 1991, 1992, and 1993.  Pursuant to section 6330,            
          petitioner had 30 days from February 3, 1999, in which to file a            
          request for a hearing to be held by Appeals.  Petitioner made a             
          timely request for such a hearing.  In his request for an Appeals           
          hearing, the only disagreement that petitioner expressed                    
          regarding the proposed levy was that he did not believe that                
          there were any valid assessments because of the lack of a valid             
          summary record of assessment.  Appeals verified the assessments             
          using Form 4340, Certificate of Assessments and Payments, and               


               2An exception to the suspension of any levy action is made             
          if the Secretary, pursuant to sec. 6331(a), finds that the                  
          collection of tax is in jeopardy.  See sec. 6330(f).  Another               
          exception applies when the underlying tax liability is not in               
          issue and the court before which the matter is pending has                  
          determined that the Secretary has shown good cause not to suspend           
          the levy.  See sec. 6330(e)(2).                                             





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