Terry K. Mann - Page 2




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                                  FINDINGS OF FACT                                    
               Most facts were stipulated.  We incorporate herein by this             
          reference the parties’ stipulation of facts and the accompanying            
          exhibits.  Petitioner resided in Artesia, New Mexico, at the time           
          his petition was filed with the Court.                                      
               In a letter dated September 13, 1999, respondent mailed a              
          “Final Notice - Notice of Intent to Levy and Notice of Your Right           
          to a Hearing” to petitioner with respect to Federal income taxes.           
          The September 13 notice informed petitioner of (1) respondent’s             
          intention to levy under section 6331 and (2) petitioner’s right             
          to Appeals Office consideration.  Additionally, enclosed with the           
          notice was a copy of Form 12153, Request for a Collection Due               
          Process Hearing, to request a hearing with the Appeals Office.              
               On October 12, 1999, pursuant to section 6330(a), petitioner           
          timely requested a hearing using the Form 12153.  In the request            
          for a hearing, petitioner questioned the existence of a “valid              
          summary record of assessment pursuant to 26 CFR � 301.6203-1.”              
          On March 29, 2000, respondent mailed to petitioner a letter                 
          stating that it was the Appeals officer’s “determination that * *           
          * [petitioner’s] reasons for disagreeing with the proposed                  
          enforcement actions are frivolous and without merit” and                    
          scheduling a hearing for April 19, 2000.  Petitioner did not                
          attend the scheduled hearing and did not contact the Appeals                
          officer to reschedule the hearing.                                          






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