Robert Harold Hathaway - Page 7

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               Circuit Court, Marion County, Ocala, FL  34478.  Only                  
               the Secretary of the Treasury has the authority to file                
               a Notice of Federal Tax Lien.  The only exception to                   
               that would be if you have a Delegation of Authority                    
               signed by the Secretary of the Treasury authorizing                    
               you, Revenue Agent Charles Gear, ID#59-05257, to file a                
               Notice of Federal Tax Lien.  (See TITLE 26, Subtitle F,                
               CHAPTER 64, Subchapter D. Sec. 6331(a) “Levy and                       
               distraint” and Subchapter C, Sec 6323(a) “Validity and                 
               priority against certain persons.”)                                    
                    If you do not possess a Delegation of Authority                   
               signed by the Secretary of the Treasury authorizing                    
               you, Revenue Agent Charles Gear, ID #59-05257, to file                 
               a Notice of Federal Tax Lien against me, I highly                      
               recommend that you send a release order to the Clerk of                
               Circuit Court, Marion County, Ocala, FL 34478.  If not,                
               and this Notice of Federal Tax Lien causes me harm in                  
               anyway, shape or form, I will sue you personally and                   
               the IRS.  I will also file a grievance against you with                
               the Director of the Internal Revenue Service. (See                     
               TITLE 26, Subtitle F, CHAPTER 75, Subchapter A. Part I,                
               Sec. 7214(a)(1),(a)(2),(a)(7) and (a)(9) “Offenses by                  
               officers and employees of the United States.”)                         
               Respondent maintains that in a section 6330 proceeding a               
          taxpayer can challenge only those liabilities asserted by the               
          Commissioner that differ in amount from the taxpayer’s self-                
          determination.  Thus, according to respondent, petitioner is                
          precluded from contesting the tax he reported on his 1996 and               
          1997 returns.  This argument is similar to that which the                   
          Commissioner advanced, and we rejected, in Montgomery v.                    
          Commissioner, 122 T.C. ___ (2004).                                          
               Section 6330(c)(2) provides that a taxpayer may raise any              
          “relevant” issue at the collection hearing; it does not say that            
          the taxpayer may raise “any” issue.  Petitioner raised only                 
          groundless and frivolous issues, not relevant issues.                       





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