- 4 - 6662(a) on, petitioner’s tax for his taxable year 1997 in the respective amounts of $2,194 and $438.80. Petitioner did not file a petition in the Court with respect to the notice relating to his taxable year 1997. Instead, on October 6, 2000, in response to the notice, petitioner sent a letter (petitioner’s October 6, 2000 letter) to the Internal Revenue Service. That letter stated in pertinent part: RE: Deficiency Notice dated 08-04-00 Registered Mail # Z 096 931 664 According to your “Deficiency Notice” of above date (cover sheet [page 1 of notice with respect to peti- tioner’s taxable year 1997] attached), there is an alleged deficiency with respect to my 1997 income tax return of $0.00, if I wanted to “contest this defi- ciency before making payment”, I must “file a petition with the United States Tax Court”. Before I file, pay, or do anything with respect to your “Notice”, I must first establish whether or not it was sent out pursuant to law and whether or not it has the “force and effect of law”, since, if it does not, than it can not legally apply to me on any basis. 1) For one thing, Section 6212 states that “If the Secretary determines that there is a deficiency in respect of any tax... he is authorized to send notice of such deficiency etc., etc., etc.,” However, the “Notice” I recieved was not sent out by the Secretary, but rather by Ms. Power, who is identified as being the Director of the Service Center in Ogden, UT, and I have no way of knowing whether she has been delegated by the Secretary to send out such notices on the Secretary’s behalf. So before I do anything at all with respect to your “Notice”, I would have to see a Delegation Order from the Secretary of the Treasury delegating to Ms. Power the authority to send out Deficiency Notices. 2) I would also like you to send me (or identify for me) the legislative regulations that you claim implement Code Section 6212 and 6213. According to two Code Sections in the Privacy Act and Paperwork Reduc-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011