Gerald L. and Jessica P. Frey - Page 27

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                         proceed with an issuance of a letter that                    
                         will sustain the levy action.  We cannot                     
                         fathom what premise you found to base those                  
                         statements on.  It is absurd!  You have not                  
                         provided one document required of you by the                 
                         law, and, until you do, you have nothing more                
                         than a wish for our property.  Here are the                  
                         errors you have ignored thus far that we have                
                         clearly outlined in previous correspondences                 
                         and at our “Collection Due Process Hearing”:                 
                         A.) The FINAL NOTICE we received was not                     
                              sent out by the Secretary or his                        
                              delegate. * * *                                         
                         B.) We did not receive the Statutory Notice                  
                              and demand for the unpaid tax from the                  
                              Secretary or his delegate. * * *                        
                         C.) The assessments were not made by                         
                              authorized IRS personnel.  We know this                 
                              because no where in the Code is there                   
                              any mention of IRS agents having the                    
                              authority to make a return for income                   
                              taxes, and no where in the Internal                     
                              Revenue Manual does it speak of the                     
                              authority of IRS agents to make 1040                    
                              Forms or to do anything with respect to                 
                              returns of income tax. * * *                            
                         D.) Another very relevant issue we have                      
                              raised and that goes to prove the fact                  
                              that you have not been impartial to the                 
                              proceedings thus far is that we have                    
                              asked for you to cite the Statute in the                
                              Internal Revenue Code that provides for                 
                              the payment of the income tax.  Now,                    
                              whether or not there is a law that                      
                              requires the payment of the income tax                  
                              cannot be deemed frivolous or merit                     
                              less. * * *  [Reproduced literally.]                    
               On November 5, 2002, John W. Raymond (Mr. Raymond), an                 
          attorney, sent a letter (Mr. Raymond’s November 5, 2002 letter)             
          to the settlement officer with respect to petitioners’ chapter 7            






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