- 13 - were held on May 16, 2002 * * *. The taxpayer was advised prior to the hearing by letter that no audio recording or stenographic recording of the hearing would be permitted per a directive issued by the Acting Chief of Appeals dated May 2, 2002. Settlement Officer Rene Swall has had no prior involve- ment with respect to these liabilities. Issues Raised by the Taxpayer The taxpayer checked both blocks on the Form 12153 and states, “see attached letter”. Attached is a copy of the Notice of Federal Tax Lien (NFTL), the Letter 3172, and several pages of non-filer arguments. As part of the taxpayer’s argument, she asks for verification from the secretary, proof of the assessments, [and] a copy of the statutory notice of deficiency. The taxpayer further claims that there is no underlying statutory liability in connection with the income taxes at issue, that there is no statute requiring her to pay the taxes at issue, and that no law authorizes the Service to claim that she owes more income tax than the “zero” reported on her return. In addition the taxpayer states that she did not receive a notice and demand for payment per IRC �6331. Certified transcripts, Forms 4340, for both periods were provided to the taxpayer prior to the hearing. The taxpayer was advised by letter that these tran- scripts meet the verification requirements under IRC �6330(c)(1). * * * At the hearing the taxpayer raised the issue of audio recording and was advised again that the audio record- ing would not be allowed. * * * * * * * * * * I attempted to review the Form 4340 transcripts and the administrative file with the taxpayer, which included the tax return filed and the statutory notice of defi- ciency that was sent and received. The taxpayer stated that what I provided her as evidence of the statutory notice of deficiency was only a “letter”. The taxpayer was advised that she could not raise the issue of the underlying liability as she had received the statutory notice of deficiency, and had in fact responded to itPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011