Ronald A. Davis - Page 6




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               to the last known address.  Mr. Davis questioned the                   
               23C assessment and a copy of the Certificate of                        
               Official Record Form 4340 was provided to validate the                 
               assessment per Stettler, 98-1 USTC 50,136 (10th Cir)                   
               and Cassity, 98-1 USTC 50,463 (9th Cir).  Manual                       
               requirements were met.                                                 
               No financial information was provided and therefor no                  
               alternative collection arrangements could be                           
               considered.  Mr. Davis’s issues as to the validity of                  
               the assessment were addressed however he provided no                   
               evidence to support his position.  The filing of the                   
               notice of federal tax lien was filed prior to the                      
               implementation of the collection due process appeal                    
               program and therefor is not covered.                                   
               Appeals believes that since no requested financial                     
               information nor evidence to dispute the liability were                 
               provided, we must assume that the determination                        
               balances the need for efficient collection of taxes                    
               with the concern as to the intrusiveness of the action.                
               Petitioner timely filed a petition with this Court for                 
          review of the Appeals determination, pursuant to section                    
          6330(d).3                                                                   
               Where the validity of the underlying tax liability is                  
          properly at issue, the Court will review the matter de novo.                
          Section 6330(c)(2)(B) provides:                                             
               SEC. 6330(c).  Matters Considered at Hearing.--                        
                           *    *    *    *    *    *    *                            
                         (B) Underlying liability.-– The person may                   
                    also raise at the hearing challenges to the                       
                    existence or amount of the underlying tax                         
                    liability for any tax period if the person did not                
                    receive any statutory notice of deficiency for                    
                    such tax liability or did not otherwise have an                   


               3Sec. 6330(d) allows a petition to be filed within 30 days             
          of an Appeals determination.                                                





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