Tommy Ray Smith - Page 6




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                    1) I want the appeals officer to have with him a                  
               copy of the Notice and Demand that was supposed to have                
               been sent.                                                             
                    2) If he dose not have the actual “notice and                     
               demand”, then I demand that he at least have                           
               a blank copy of the document.                                          
                    3) Please have the Form 4340 signed by an assess-                 
               ment officer certifying that an assessment has been                    
               made.  In lieu of a signed 4340, don’t show me an                      
               unsigned IRS printout (containing coded entries I don’t                
               understand) which claims an assessment was made.                       
                    4) I want the appeals officer to also have the                    
               1040 return from which my claimed 1997 assessment was                  
               made.                                                                  
                    5) I would like to see the Treasury Decision or                   
               Treasury Regulation which identifies the document sent                 
               to me as being the stutory “notice and demand” is, in                  
               fact, that document.                                                   
                    6) I claim there is no Statute requiring me to pay                
               the income taxes at issue.  Please have that Statute                   
               for me to see.                                                         
                    7) Also show me the law that authorizes the IRS to                
               claim that I owe more in income taxes than the “zero” I                
               reported on my 1997 income tax return.                                 
                    8) Show me the law that says a Form 1040 is to be                 
               used.                                                                  
                    9) And finally I expect you to have at the hearing                
               “verification from the Secretary that the requirements                 
               of any applicable law or administrative procedure have                 
               been met.  [Reproduced literally.]                                     
               On March 13, 2002, respondent’s Appeals officer held an                
          Appeals Office hearing with petitioner with respect to the notice           
          of intent to levy.  At the Appeals Office hearing, the Appeals              
          officer gave petitioner Form 4340, Certificate of Assessments,              
          Payments, and Other Specified Matters (Form 4340), with respect             
          to petitioner’s taxable year 1997.                                          
               On April 4, 2002, the Appeals Office issued to petitioner a            
          notice of determination concerning collection action(s) under               







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