- 4 - Appeals Office hearing with petitioner with respect to the notice of tax lien. In connection with the telephonic Appeals Office hearing, the settlement officer relied on transcripts of peti- tioner’s accounts with respect to petitioner’s taxable years 1997, 1998, and 1999. On a date not disclosed by the record, respondent sent to petitioner by facsimile (respondent’s facsimile) pertinent sections of the Code, the income tax regulations, and various court cases which establish that petitioner is obligated to pay tax, as well as any additions to tax and interest as provided by law, for each of her taxable years 1997, 1998, and 1999. On March 10, 2004, in response to respondent’s facsimile, petitioner sent to respondent by facsimile a letter (petitioner’s March 10, 2004 letter) that stated in pertinent part: I specified on form 12153 that the notice of * * * lien were Mathematically incorrect. And my question to you was; Where is the statute and implementing regulation that makes me liable for the penalty or tax? * * * I have a copy of the IRC and the part of the Index, in the front under the subject of “Liability for tax” doesn’t even mention Subtitles A through C income taxes. I have been looking at the laws and IRC Statues and Regulations and they show I’m not liable, but absolutely none that show that I am. I am not refusing to pay I will gladly pay as you are requesting if you would please show me the law that says I have “gross income” form a taxable “situs” under 26 CFR � 1.861- 8(f) that is legally considered as “taxable income”. Please just show me the amount of tax I owe in a way that is consistent with Section 861 of the IRC and the implementing regulation and statute. [Reproduced liter- ally.] On April 16, 2004, the Appeals Office issued to petitioner aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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