Gerald L. and Jessica P. Frey - Page 12

                                       - 12 -                                         
          Form 12153 stated in pertinent part:                                        
                    1)        * * * at my CDP hearing I demand that                   
                              the appeals officer have at the hearing                 
                              the delegation order from the Secretary                 
                              of the Treasury delegating to the                       
                              Operations Manager, Automated Collection                
                              System the authority to notify me to my                 
                              right for a CDP hearing * * *.                          
                  *       *       *       *       *       *       *                   
                         b)   * * * I am requesting that you have at                  
                              the CDP hearing * * * a “delegation”                    
                              order, emitting directly from the                       
                              Secretary, authorizing the IRS employee                 
                              who signed for him (them), the authority                
                              to impose and file such notices of liens                
                              against us.                                             
                         c)   In lieu of having such a “delegation                    
                              order,” I am requesting that you have                   
                              the job description of IRS employee(s)                  
                              and the individual who signed the notice                
                              at issue for him to see if any such                     
                              authority is included in their job                      
                              description.                                            
                  *       *       *       *       *       *       *                   
                    2)        The document also says that “We have                    
                              made a demand for payment of this                       
                              liability.”  (Emphasis added)                           
                         a)   Please note (as explained in paragraph 4                
                              herein), we claim we never received such                
                              a “demand” for payment.                                 
                                   1)   If you claim otherwise, than I                
                                        demand that you have at the                   
                                        CDP hearing the Form Number of                
                                        the document that you claim                   
                                        was sent to us as constituting                
                                        the “demand” referred to in                   
                                        paragraph 2) above.                           
                                   2)   Since the Code Section                        
                                        establishing the “liability”                  





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011