Tommy Ray Smith - Page 5




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               tion Act notice (as contained in the 1040 booklet) to                  
               which my attention was specifically directed - Section                 
               6001 States that I must “comply with such rules and                    
               regulations as the Secretary may from time to time                     
               prescribe etc. etc.,...; while Section 6011 states that                
               “when required by regulations prescribed by the Secre-                 
               tary etc., etc...”, however, I can not find any legis-                 
               lative regulation “prescribed by the Secretary” that                   
               requires me to petition Tax Court in responce to a                     
               Deficiency Notice.  Therefore, I am asking that you                    
               supply me with the legislative regulations that you                    
               claim implement Code Section 6212 and 6213, since I can                
               not find any such regulations on my own. * * *  [Repro-                
               duced literally.]                                                      
               On January 8, 2001, respondent assessed petitioner’s tax, as           
          well as any penalties and interest as provided by law, for his              
          taxable year 1997.  (We shall refer to those assessed amounts, as           
          well as interest as provided by law accrued after January 8,                
          2001, as petitioner’s unpaid liability for 1997.)                           
               On January 8, 2001, respondent issued to petitioner a notice           
          of balance due with respect to petitioner’s unpaid liability for            
          1997.                                                                       
               On July 30, 2001, respondent issued to petitioner a final              
          notice of intent to levy and notice of your right to a hearing              
          (notice of intent to levy) with respect to his taxable year 1997.           
          On or about August 29, 2001, in response to the notice of intent            
          to levy, petitioner filed Form 12153, Request for a Collection              
          Due Process Hearing (Form 12153), and requested a hearing with              
          respondent’s Appeals Office (Appeals Office).  Petitioner at-               
          tached a document to his Form 12153.  That document stated in               
          pertinent part:                                                             





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