Edward P. Heaphy - Page 4

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          petitioner maintained: (1) He is not “statutorily” liable to pay            
          the taxes at issue; (2) he did not receive a valid notice of                
          deficiency in connection with the year at issue; and (3) he did             
          not receive                                                                 
               the statutory “notice and demand” for payment of the                   
               taxes at issue * * *.  If the appeals officer is going                 
               to claim that a particular document sent to me by the                  
               IRS was a “Notice and Demand” for payment, then I am                   
               requesting that he also provide me with a T.D. or                      
               Treas. Reg. which identifies that specific document as                 
               being the official, statutory “Notice and Demand” for                  
               payment.                                                               
               On October 31, 2001, respondent’s Appeals Officer Charles R.           
          Kelly wrote petitioner to schedule the hearing as requested by              
          petitioner.  In his letter, Appeals Officer Kelly stated:                   
               The purpose of a Collection Due Process hearing is to                  
               (1) verify that the IRS office collecting the tax has                  
               met the requirements of various applicable law [sic]                   
               and administrative procedures; (2) hear any relevant                   
               issue relating to the unpaid tax; and (3) consider                     
               whether the proposed collection action (lien) balances                 
               the need for the efficient collection of the taxes with                
               any legitimate concern that you may have that any                      
               collection action be no more intrusive than necessary.                 
               You failed to file your 1997 tax return and the IRS                    
               prepared a substitute return for you and issued you a                  
               statutory notice of deficiency.  The notice was sent to                
               your last known address at the time it was issued.  I                  
               am enclosing a copy of the statutory notice of                         
               deficiency and the substitute return.                                  
               A challenge to the existence or amount of the tax                      
               liability can only be made if a taxpayer did not                       
               receive a statutory notice of deficiency or did not                    
               otherwise have an opportunity to dispute that tax                      
               liability.  You were issued a statutory notice of                      
               deficiency and failed to petition the Tax Court.  You                  
               have had the opportunity to dispute the tax liability.                 






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