John Huntz Leineweber - Page 8

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          the conducting officer will receive verification from the                   
          Secretary that the requirements of applicable law and                       
          administrative procedure have been met; (3) certain issues may be           
          heard such as spousal defenses and offers-in-compromise; and (4)            
          a challenge to the underlying liability may be raised if the                
          taxpayer did not receive a statutory notice of deficiency or                
          otherwise receive an opportunity to dispute the liability.  Sec.            
          6330(c).                                                                    
               Petitioner received written notice of respondent’s intent to           
          levy and petitioner’s right to a hearing.  In response,                     
          petitioner timely filed his request for an administrative                   
          hearing.  An experienced Appeals officer was assigned to                    
          petitioner’s case.  The Appeals officer had no prior involvement            
          with respect to petitioner’s unpaid tax.  This satisfies the                
          first element of petitioner’s right to a hearing with an                    
          impartial officer.  The second through fourth elements are                  
          usually satisfied at the time of the hearing.                               
               Petitioner claims he was not afforded the opportunity for a            
          hearing.  The record, however, indicates that respondent provided           
          petitioner with ample opportunities, but that petitioner declined           
          such opportunities.  On several occasions, petitioner was                   
          telephonically contacted by the Appeals officer to schedule a               
          conference.  Petitioner would not agree to any suggested dates              
          for a hearing and did not offer any alternative dates.  When the            






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