- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011