Tommy Ray Smith - Page 4




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          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-                  





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