- 6 - (notice of intent to levy) with respect to his taxable year 1998. On or about August 22, 2001, in response to the notice of intent to levy, petitioner filed Form 12153, Request for a Collection Due Process Hearing (Form 12153), and requested a hearing with respondent’s Appeals Office (Appeals Office). A document that petitioner attached to his Form 12153 (petitioner’s attachment to Form 12153) stated in pertinent part: I am requesting for [sic] a Collection Due Process Hearing as provided for in Code sections 6320 and 6330. * * * Thus, if any IRS employee attempts to deny me the “Due Process Hearing” guaranteed to me by law, or recommends that seizure action be taken without produc- ing the documentation required by Sections 6320 and 6330 or without addressing the issues provided for in these Code Sections, I will seek damages * * * and seek that employee’s termination * * *. * * * * * * * It is clear before any Appeals officer can recommend the seizure of any property pursuant to Code Section 6331 certain elements have to be present. For one thing, pursuant to the statute, that person has to be statutory [sic] “liable to pay” the taxes at issue, and only after he “neglects or refuses to pay the same within 10 days after notice and demand,” can his prop- erty be subject to seizure. Therefore, apart from the Appeals officer having to identify the statute that makes me “liable to pay” the taxes at issue, he needs to have a copy of the “notice and demand” which I “neglected” and “refused” to pay. In addition, I cannot be “liable” to pay an income tax, if the tax in question has never been assessed against me as required by Code Sections 6201 and 6203. So, I will need to see a copy of the record of my assessments. As provided by Code Section 6201(a)(1) and IRS Transaction Code 150, all assessments have to be based on filed returns, I will have to see a copy of the return upon which any claimed assessment is based. In lieu of producing these specific documents “verification from the Secre- tary of the Treasury that the requirements of anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011