- 7 - 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 1998Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011