Kathryn Ann Picchiottino - Page 5

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          “Request without predjudice [sic] that hearing be held after                
          Superior Court Action FN 2003-092649 is adjudicated.”                       
               Mr. Tracy responded by a letter to petitioner dated November           
          13, 2003, stating:                                                          
               I am in receipt of Form 12153 signed by you and Scott                  
               Picchiottino on November 7, 2003.  It states only that                 
               you wish a hearing after Superior Court Action FN 2003-                
               092649.  I understand that this is your divorce suit.                  
               I am sorry, but I cannot defer action on your case for                 
               an extended and indefinite period of time.  I am                       
               extending to you the hearing opportunity that you had                  
               originally requested on March 10, 2003.                                
               I have enclosed a copy of my letter dated November 5,                  
               2003.  The hearing was scheduled with Scott                            
               Picchiottino.  I have left several messages for you to                 
               schedule an independent hearing but you have not                       
               responded to my messages.  Please call me at (602)207-                 
               8117 to schedule the hearing that you requested.  If we                
               cannot schedule and hold your hearing by December 10,                  
               2003, I will make my determination based on information                
               in the file and with no further opportunity for a                      
               hearing.  You are welcome to attend the November 25                    
               hearing or to schedule an independent hearing with me.                 
               If you no longer want a hearing, please sign and return                
               the enclosed withdrawal form.                                          
               You are entitled to a hearing under Sections 6320 and                  
               6330 of the Internal Revenue Code (IRC) relative to the                
               2001 tax year.  Your hearing request lists additional                  
               years of liability that are not assessed in your name.                 
               Those tax periods do appear to be community debts and                  
               for which community property is subject to the Federal                 
               Tax Lien.                                                              
               Your original hearing request said only, “Told status                  
               was ‘uncollectible’ by IRS Mrs. Hernandez #893695".                    
               Indeed, Compliance did place your account in                           
               temporarily not collectible status shortly after the                   
               date of your hearing request.                                          
               The IRC 6320 hearing opportunity is relative to the                    
               Notice of Federal Tax Lien that was recorded for the                   






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