Michael Stephen Frate - Page 4

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          Office hearing, petitioner claimed that his tax liability for               
          1991 had been satisfied by a prior wage levy.                               
               On or about July 29, 2002, petitioner sent a 1991 tax return           
          form to respondent.  On or about August 22, 2002, petitioner                
          submitted tax returns for the years 1992 through 2001.                      
               On January 7, 2003, petitioner met with a settlement officer           
          for petitioner’s Appeals Office hearing.  At his Appeals Office             
          hearing, petitioner presented to the settlement officer                     
          photocopies of several 1997 payroll check stubs for petitioner,             
          which reflected tax levy deductions totaling $8,663.82 (wage levy           
          deductions).  The settlement officer informed petitioner that no            
          payments from the wage levy deductions had been received by the             
          Internal Revenue Service (IRS).                                             
               Petitioner asserted that PWJ’s bookkeeping service, Business           
          Service Associates (BSA), was under criminal investigation for              
          fraud and embezzlement and that petitioner’s wage levy deductions           
          may have been embezzled by BSA.  Petitioner requested that his              
          account be credited in the amount of the wage levy deductions.              
          The settlement officer explained to petitioner that no statutory            
          or administrative authority allowed the IRS to credit an account            
          when the IRS has not received payment.  Petitioner requested and            
          was allowed time to retain professional representation.                     
               On February 24, 2003, petitioner and his representative,               
          Louis Sheffield, Enrolled Agent (Mr. Sheffield), met with the               






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