Daniel A. Fink - Page 7




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               applicable law or administrative procedure have been                   
               met,” will be acceptable.  But, the Appeals officer                    
               better have either the specific documents as identified                
               above, or “verification from the Secretary.”  If the                   
               Appeals officer can produce neither, then no Due Pro-                  
               cess Hearing should have been scheduled. * * *                         
               On February 5, 2002, respondent’s Appeals officer held an              
          Appeals Office hearing with petitioner with respect to the notice           
          of intent to levy.  Prior to the Appeals Office hearing, the                
          Appeals officer provided petitioner with a literal transcript of            
          account with respect to petitioner’s taxable year 1998.  After              
          the Appeals Office hearing, respondent’s representative provided            
          petitioner with Form 4340, Certificate of Assessments, Payments,            
          and Other Specified Matters (Form 4340), with respect to peti-              
          tioner’s taxable year 1998.                                                 
               On March 19, 2002, the Appeals Office issued to petitioner a           
          notice of determination concerning collection action(s) under               
          section 6320 and/or 6330 (notice of determination).  An attach-             
          ment to the notice of determination stated in pertinent part:               
               What issue is being appealed?                                          
               On August 30, 2001, the taxpayer submitted a timely                    
               request, under Section 6330 of the Internal Revenue                    
               Code (IRC), for a collection due process hearing.  The                 
               request relates to a Notice of Intent to Levy dated                    
               August 6, 2001 that was issued for balances due on his                 
               1998 individual income tax liability * * *.                            
               Verification of Legal and Procedural Requirements                      
               The Secretary has provided sufficient verification that                
               the requirements of applicable law and administrative                  
               requirements have been met.  I have reviewed tran-                     
               scripts of the accounts, the taxpayer’s original 1998                  





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