Edward P. Heaphy - Page 5

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               The underlying tax liability cannot be challenged at                   
               the Collection Due Process hearing.                                    
               The underlying assessment is valid and I am enclosing a                
               Form 4340 “Certificate of Assessments, Payments, and                   
               Other Specific Matters” which verifies the assessment                  
               is valid.  A “Summary Record of Assessment” (23C) is                   
               not necessary to verify an assessment.  The United                     
               States Tax Court has held that the Form 4340 is                        
               sufficient to verify an assessment.                                    
               If you want a Collection Due Process hearing to discuss                
               collection alternatives to the lien, please call me on                 
               or before November 9th.  The arguments you raised in                   
               your Collection Due Process request are not arguments                  
               that can or will be discussed at the hearing.  If I do                 
               not hear from you by November 9th, I will assume you do                
               not wish a hearing.  I will conduct the hearing based                  
               on the case file and issue you a final determination                   
               letter.                                                                
               Substantial correspondence between petitioner and Appeals              
          Officer Kelly then followed.  Ultimately, on February 5, 2002,              
          the hearing granted under section 6320 (a section 6320 hearing)             
          was held.  Present at that hearing were petitioner, petitioner’s            
          wife (Wendy Zapert) acting under a power of attorney, Appeals               
          Officer Kelly, and a court reporter who was present at                      
          petitioner’s request.  Appeals Officer Kelly began the section              
          6320 hearing by summarizing the purpose for the hearing and                 
          stating the events leading to petitioner’s being informed of the            
          notice of the filing of a tax lien.  Appeals Officer Kelly stated           
          that he “verified by the review of the entire record that all               
          statutory, regulatory and administrative requirements for the               
          collection action has [sic] been met.”  He asked whether                    






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