Jeffrey M. Young - Page 6




                                        - 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               the lien should be withdrawn or offer alternatives to                  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