Jeffrey M. Young - Page 5




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          Secretary; (2) proof that a notice and demand for payment was               
          sent to petitioner, a copy of the actual notice and demand that             
          was sent or a blank copy of the notice, and a Treasury decision             
          or Treasury regulation which identifies that notice as the                  
          statutory notice and demand.  In addition, petitioner raised                
          challenges to the “existence” of his underlying tax liabilities,            
          claiming that no “liability” for income taxes exists as a matter            
          of law.3  Further, petitioner claimed that there is no statute              
          requiring him “to pay” income taxes.                                        
               A hearing was held on September 19, 2001.4  In that                    
          proceeding, petitioner did not raise any collection alternatives            
          or other relevant issues.  Instead, petitioner insisted that he             
          did not receive a “statutory notice and demand” for payment.                
          Petitioner also argued:                                                     
               there is no statutory liability in connection with                     
               these taxes at issue, nor is there a provision that                    
               states that I have to pay the taxes at issue, and in my                
               letter I said that if the appeals officer believes                     
               otherwise, he need only identify the code section that                 
               establishes such a liability and payment for taxes, and                
               I would immediately make arrangements to pay as                        
               provided in code section 6330(C)(2) [sic] for whatever                 
               the amount the appeals officer claims is due.                          
          Frank Smigiel (Mr. Smigiel) accompanied petitioner to the Appeals           
          hearing.  The Appeals officer did not permit Mr. Smigiel to                 


               3Petitioner stated that he was not disputing the “amount” of           
          his underlying tax liabilities.                                             
               4Attached to the petition is a document that petitioner                
          claims to be a transcription of the Appeals hearing.                        





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