Cheryl D. Flathers - Page 14




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               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-                 





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