- 6 - represent petitioner at the Appeals hearing since he was not an attorney in good standing, a certified public accountant, or an enrolled agent in good standing. The Appeals officer allowed Mr. Smigiel to stay at the hearing as a witness only. The Appeals officer verified that all applicable laws and administrative procedures had been met. In doing so, he reviewed the information in the case file, petitioner’s Form 12153, the tax correspondence, and the case history. The Appeals officer reviewed the transcripts for 1994, 1997, 1998, and 1999 and determined that the proper taxes were assessed, they remained unpaid, and demand for payment had been made. On October 5, 2001, the Internal Revenue Service (IRS) Office of Appeals issued a notice of determination sustaining the notice of Federal tax lien filing. The notice of determination states in relevant part as follows: Relevant Issues Presented by the Taxpayer You do not believe that the filing of Notice of Federal Tax Lien is appropriate. You were presented with copies of certified transcripts but failed to show why the lien should be withdrawn or offer alternatives to this action. You engaged in repeated requests for documents that were irrelevant, unnecessary or for purposes of delay. You were given the opportunity to resolve the liabilities or suggest alternatives but chose not to. You also objected that Mr. Frank Smigiel was not allowed to represent you. Mr. Smigiel cannot represent you before Appeals per Cir 230 and Rev. Proc. 81-38. To represent you before Appeals, he must be an Attorney, Certified Public Accountant or an Enrolled Agent. Mr. Smigiel has none of these qualifications.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011