Malcolm Crow - Page 9




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          Secretary that the requirements of any applicable law or                    
          administrative procedure were met as required under section                 
          6330(c)(1); (2) the Appeals officer failed to identify the                  
          statutes making petitioner liable for Federal income tax; and (3)           
          petitioner was denied the opportunity to challenge (a) the                  
          appropriateness of the collection action and (b) the existence or           
          amount of his underlying tax liability.                                     
               Concurrently with the filing of his petition, petitioner               
          filed a Motion to Dismiss for Lack of Jurisdiction in which he              
          asked the Court to “declare invalid the ‘Determination’ at issue,           
          since the appeals officer issued the ‘Determination’ without                
          having established due process as required by law.”  Petitioner             
          attached to his motion a Memorandum of Law in which he repeated             
          many of the allegations in the petition.  Petitioner also alleged           
          in the memorandum:                                                          
               there is no Code Section that authorizes IRS employees                 
               to attribute to petitioner more taxes than he reported                 
               on his 1997 tax return.  Since income taxes are based                  
               on “self-assessment,” petitioner can only owe in taxes,                
               the amount reported on his 1997 tax return, which, in                  
               this case, correctly reports “zero” * * * .                            
               Petitioner attached to his petition and/or motion to dismiss           
          several documents, including (1) a copy of the aforementioned               
          literal transcript that had been furnished to him at the                    
          administrative hearing on April 11, 2001, and (2) a copy of Davis           
          v. Commissioner, T.C. Memo. 2001-87.  In Davis, this Court                  
          sustained the Commissioner’s determination to proceed with                  





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