- 24 -                                         
          In fact, respondent has not even asked the Court to consider the            
          right waived in the instant setting.                                        
               4.  Need for Appeals To Obtain Verification at the Hearing             
               The majority fail to discuss persuasively the fact that                
          petitioners have alleged in paragraph 6(a) of their petition that           
          “The appeals officer took the position that the assessment is               
          valid without verifying that there was in fact an assessment.”              
          Under the statutory scheme, it would appear that petitioners are            
          correct in this assertion.  The statute requires explicitly that            
          this verification must come “at the hearing”.4  Sec. 6330(c)(1)             
          (“The appeals officer shall at the hearing obtain verification              
          from the Secretary that the requirements of any applicable law or           
          administrative procedure have been met”.  (Emphasis added.)).               
          The legislative history reinforces this result by stating that              
          “During the hearing, the IRS is required to verify that all                 
          statutory, regulatory, and administrative requirements for the              
          proposed collection action have been met.”  S. Rept. 105-174,               
          supra at 68, 1998-3 C.B. at 604 (emphasis added).                           
               Absent a hearing, I do not see how the Commissioner can meet           
          this “at the hearing” verification requirement.  The mere fact              
          that the verification may have come at a time other than “at the            
          hearing” is of no concern.  Congress obviously believed it                  
               4 The majority conveniently omit from their paraphrasing of            
          sec. 6330(c)(1) that the verification must occur “at the                    
          hearing”.  See majority op. p. 2.                                           
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