Gerald L. and Jessica P. Frey - Page 16

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               income taxes, how can he approve an IRS lien on our                    
               property in connection with a tax the payment for which                
               he can not find shown in any law?                                      
                  *       *       *       *       *       *       *                   
                    8)   We maintain that there is no law that                        
                         authorizes the IRS to claim that we owe more                 
                         in income taxes * * * than the “zeros” we                    
                         reported on our income tax returns for those                 
                         years [1996, 1997, and 1999].                                
                    * * * Section 6201(a)(2)(A) further provides that                 
               with respect to taxes “payable by stamp,” the Secretary                
               is authorized “to estimate the amount of tax which has                 
               been omitted to be paid” by stamp.  However, we cannot                 
               find any provision in Code Section 6201 or any other                   
               Code Section that authorizes the Secretary (let alone                  
               the IRS) to similarly “estimate the amount of tax”                     
               which we allegedly omitted from our 1996[, 1997, and                   
               1999] tax returns.  Therefore it is our contention that                
               no law authorizes the Secretary (let alone any IRS                     
               agent) to determine that we owe more in income taxes                   
               than the “zeros” we reported on our 1996[, 1997, and                   
               1999] income tax returns. * * *                                        
                  *       *       *       *       *       *       *                   
                    This is also to remind you that I will be tape                    
               recording the CDP hearing and I will have a court                      
               reporter present.  I will also have a witness present.                 
               [Reproduced literally; fn. refs. omitted.]                             
               On October 21, 2002, the settlement officer sent a letter to           
          petitioners with respect to their taxable years 1996, 1997, and             
          1999.  That letter stated in pertinent part:                                
               Your Collection Due process appeal request has been                    
               assigned to me for consideration.                                      
               I will contact you as soon as I am able to review your                 
               file and determine if we can resolve your case by                      
               correspondence or phone in lieu of a personal                          
               conference.  If a personal conference is needed, I will                
               schedule a meeting with you or your representative.                    






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