- 14 - with additional frivolous arguments. The taxpayer is now precluded from raising this issue at the collection due process hearing. Collection alternatives could not be discussed with the taxpayer, as the taxpayer is not in filing compliance, nor did the taxpayer attempt to complete the financial statement that was mailed to her prior to the hearing. The taxpayer asked for the cite that makes her liable to pay the taxes and continued to raise only frivolous arguments. The hearing was con- cluded. The taxpayer does not believe that wages are income or that the tax laws apply to her. I advised the taxpayer of recent court case decisions where sanctions were imposed for bringing the same type of arguments and attempted to provide the taxpayer with copies of recent cases on T. Pierson and R. Davis as well as Publication 2105, Why Do I Have to Pay Taxes, and a handout, The Truth About Frivolous Tax Arguments. The taxpayer refused to accept these from me. * * * * * * * The taxpayer raised no other non-frivolous issues. Balancing the Need for Efficient Collection with Tax- payer Concerns The requirements of all applicable laws and administra- tive procedures have been met. The courts have previ- ously addressed the taxpayers’ arguments, and Appeals does not have the authority for reconsideration of the matters. The assessments are valid and the Service followed proper procedures in making these assessments. For the civil penalty to apply the individual’s conduct must be due in part to a position, which is frivolous, or a desire (which appears on the return) to delay or impede the administration of Federal income tax laws. Income reported to the Service verifies that the taxpayer had sufficient income that would require her to file a return. The taxpayer was provided an opportunity to file a correct return, but instead responded with frivolous arguments. The taxpayer received her re- quired notices. The filing of the NFTL was appropriate to protect the Government’s interest. In addition, the issuance of the notice of intent to levy was appropri-Page: 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