- 13 - referred to above is also not identified, I am requesting that you specifically identify the Code Section establishing * * * 3) VERIFICATION FROM THE SECRETARY I also expect you to have at the CDP hearing “verification from the Secretary that the requirements of any applicable law or administrative procedure have been met.” That is the specific statement from the Secretary (or his delegate) that THE LAW requires you to have. PLEASE BE ADVISED THAT SECTION 6330(c)(3)(A) REQUIRES THAT THIS VERIFICATION BE “PRESENTED” TO US. Please don’t tell us at the CDP hearing that in lieu of having that specific document from the Secretary as required by law to be “presented” to us, that you have some unsigned, IRS transcript. * * * I will not accept any claim of yours that “the courts have held that an unsigned, computer printout satisfies the legal requirements of Code Sections 6320 & 6330,” in lieu of “presenting” us with “verification (from the Secretary)...that the requirements of any applicable law or administrative procedure have been met,” stated in the law. * * * 4) Also, pursuant to Code Section 6201(1), before I can owe any income taxes there has to be an assessment based on a “return or list.” I filed a return showing no taxes due. Therefore, I don’t see how the IRS could have made a lawful assessment from a return showing no income taxes due and owing, unless the IRS prepared another 1040 showing a different amount due. Therefore, at my CDP hearing, I am demanding that the following items be produced and made available to us: a) Proof of assessment. * * * Please have a form 4340 at my CDP hearing certifying that such an assessment has been made. * * * * * * * 6) We claim there is no underlying,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011