Duane S. Ashley - Page 9




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               alternative has been offered, the intrusiveness of the                 
               proposed levy is commensurate with the need to collect                 
               the revenue efficiently and in such a manner.  Mr.                     
               Ashley was advised that the liability can be adjusted                  
               at any time if an accurate return is filed and substan-                
               tiated.  The sending of the Notice of Intent to Levy                   
               should thus be sustained.                                              
               On March 29, 2000, pursuant to section 6330, the Appeals               
          Office issued to petitioner a notice of determination with                  
          respect to petitioner’s taxable year 1989.  That notice stated in           
          pertinent part:                                                             
               Summary of Determination:                                              
               The Service followed its procedural, administrative and                
               legal guidelines in sending the Notice of Intent to                    
               Levy.                                                                  
               There were no viable collection alternatives advanced                  
               by the taxpayer.                                                       
               The intrusiveness of the proposed levy is commensurate                 
               with the need to collect the revenue efficiently.                      
          Attached to the notice of determination was a document entitled             
          “Attachment - 3193".  That document stated in pertinent part:               
               Matters Considered                                                     
               Whether the Service followed its procedural, adminis-                  
               trative and legal guidelines in issuing the Notice of                  
               Intent to Levy.                                                        
                    As [sic] assessment of tax was made and notice and                
                    demand for payment followed.  Failure to pay the                  
                    amount occurred thereafter.  Before levy can be                   
                    made a Notice of Intent to Levy must first be                     
                    issued. * * * The Service followed the required                   
                    procedures in issuing the Notice of Intent to                     
                    levy.                                                             
               Whether any collection alternatives are advanced by the                
               taxpayer and the viability of such offers.                             





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