Curtis J.L. McIntosh - Page 5

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          notice of deficiency for 1990 to petitioner’s last known address.           
          Id. at 98-6510.2                                                            
          G.  Final Notice                                                            
               On April 7, 1999, respondent sent petitioner a Final Notice-           
          -Notice of Intent to Levy and Notice of Your Right to a Hearing             
          with respect to petitioner’s unpaid 1986 and 1990 tax                       
          liabilities.                                                                
          H.  Appeals Office Hearing                                                  
               On May 7, 1999, petitioner timely filed a Form 12153,                  
          Request for a Collection Due Process Hearing, with respect to his           
          1986 and 1990 taxes.  In the Form 12153, petitioner indicated               
          that he disagreed with the notice of intent to levy with respect            
          to his 1986 tax liability because, among other reasons, no notice           
          of deficiency had been issued.  With respect to his 1990 tax                
          liability, petitioner indicated that he disagreed with the notice           
          of intent to levy for the following reasons:  “No notice of                 
          assessment and demand for payment sent to last known address                
          within 60 days of assessment, IRS received payment, lien is                 
          invalid, IRS lacks authority to conduct administrative seizure.”            




               2 Although it would appear to have been unnecessary for its            
          disposition of petitioner’s motion, the U.S. District Court for             
          the Southern District of Ohio also found that no notice of                  
          deficiency was issued to petitioner for 1986 or 1991.  McIntosh             
          v. United States, 82 AFTR 2d 98-6501, at 98-6503 (S.D. Ohio                 
          1998).                                                                      





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