William G. Koenig - Page 8




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               arguments involving the failure or refusal to comply                   
               with the tax laws because of moral, religious,                         
               political, constitutional, conscientious, or similar                   
               grounds.  To my knowledge, such arguments have never                   
               been successful in a court of law and I will not                       
               consider as valid any arguments of that nature in the                  
               collection due process hearing.                                        
               In preparation for the hearing, I have requested                       
               transcripts showing the contested assessments and plan                 
               to have copies available for you.                                      
               By letter dated April 1, 2002, the Appeals officer contacted           
          petitioner about the scheduled administrative hearing and stated,           
          in part, as follows:                                                        
               I believe the purpose of a CDP [collection due process]                
               hearing is to ensure that the government’s need to                     
               collect the proper tax is balanced with the taxpayer’s                 
               need that the collection process be no more intrusive                  
               than necessary.  To accomplish that goal, section                      
               6320(c)(1) of the I.R.C. first places a requirement of                 
               investigation upon me.  The section does not state that                
               I need to convince you that the requirements of law or                 
               procedure have been met, or even that I provide such                   
               evidence to you.  It only requires that I obtain                       
               verification that the requirements of applicable law or                
               administrative procedure have been met.                                
               In the case of Tanner v. U.S., (CA-9) 2001-1 U.S.T.C.                  
               50444, the Ninth Circuit Court of Appeals stated that                  
               the requirements of the section can be met by my review                
               of a form 4340, certificate of assessment and payment.                 
               I have obtained that document and though not required                  
               to do so, it is provided to you with this letter.  My                  
               review of it and the other documents in your                           
               administrative file have convinced me that (a) the                     
               disputed amounts were properly assessed, and (b) the                   
               disputed amounts were properly billed.                                 
               On April 22, 2002, petitioner attended an administrative               
          hearing in Las Vegas, Nevada, conducted by the Appeals officer.             
          At the hearing, petitioner acknowledged receiving Form 4340,                






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