Randall G. Van Vlaenderen - Page 7

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               On April 19, 2002, Appeals Officer Henry signed a memorandum           
          in which she recommended that the Notice of Intent to Levy should           
          not be withdrawn.  The memorandum was approved by the Appeals               
          Office team manager on August 21, 2002.  The attachment to the              
          Appeals Office memorandum concluded that the levy was no more               
          intrusive than necessary, the taxpayer’s offer was not adequate,            
          and:                                                                        
               There is no evidence to indicate that the taxpayer                     
               would voluntarily pay the liability if the Notice of                   
               Intent to Levy were removed.  The proposed levy action                 
               balances the need for efficient collection of taxes                    
               with the taxpayer’s legitimate concern that any                        
               collection action be no more intrusive than necessary.                 
          On August 28, 2002, Appeals Officer Henry notified petitioner               
          that the Appeals Office had issued a determination letter.  She             
          enclosed another Form 656 package to be completed and sent to               
          “the appropriate office for your area.”                                     
                                     Discussion                                       
               Neither the amount of petitioner’s liability nor the                   
          procedural facts in this case are in dispute.  Petitioner                   
          contends that there was an abuse of discretion because he was not           
          provided information on how to appeal Appeals Officer Henry’s               
          determination that the levy proposed in March 2001 would not be             
          withdrawn and because the Appeals officer relied on erroneous               
          calculations by the revenue officer with respect to petitioner’s            
          monthly income.                                                             







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