- 5 - notice of determination concerning collection action(s) under section 6320 and/or 6330 (notice of determination). A document that was attached to and incorporated in that notice of determi- nation stated in pertinent part: SUMMARY AND BACKGROUND The taxpayer submitted a timely request for a Collec- tion Due Process Hearing in response to the notice of lien filing. The taxpayer’s request for a Due Process Hearing stated “Mathmaticaly incorrect” Since she received a statutory notice of deficiency, she was told that she could not dispute the liability under collection due process, and the audit reconsideration process was explained to her. Publication 3598 was also sent to her. In her phone conference, the taxpayer stated that she would pay the tax if we could show her that she was liable for the tax. Appeals faxed her code, regulations and court cases, but her response by letter dated 3/10/2004 states “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 for the laws and IRC Stat- utes and Regulations and they show I am not liable, but absolutely none of them show that I am. I am not refusing to pay as you are requesting if you would please show me that the law says I have ‘gross income’ form a taxable ‘situs’ under 26 CFR section 1.861-8(f) that is legally considered as ‘taxable’ income.” These arguments are frivolous and need not be addressed further, as the information she requested has been provided to her. The taxpayer has not provided any documentation or collection alternatives. Applicable Law and Administrative Procedures With the best information available, the requirements of various applicable law or administrative procedures have been met. IRC � 6321 creates a lien on the taxpayer’s property if the taxpayer neglects or refuses to pay the tax after the tax is assessed and after notice and demand forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011