Duane E. Hudspath - Page 11

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               you have already been determined to be liable.                         
               Therefore, the scope of this collection due process                    
               hearing will focus only on a proposed collection alter-                
               native to the proposed levy action on the 1996 and 1997                
               balances referenced in Letter 1058.  As a collection                   
               alternative to the lien or levy action proposed, you                   
               may request consideration of either an Offer in Compro-                
               mise or an Installment Agreement; however, you MUST                    
               provide Form 433A (Collection Information Statement for                
               Individuals) or Form 433B (Collection Information                      
               Statement for Businesses), and/or Form 656 (Offer in                   
               Compromise package), AT THE TIME OF YOUR SCHEDULED                     
               HEARING.  Furthermore, neither collection alternative                  
               will be considered if you are not in filing compliance                 
               at the time of your Appeals conference.                                
               In response to the October 21, 2003 letter, petitioner sent            
          the settlement officer a letter dated November 4, 2003 (November            
          4, 2003 letter).  In the November 4, 2003 letter, petitioner,               
          inter alia, informed respondent that he needed to reschedule the            
          hearing with the settlement officer because of his disability and           
          that he would be bringing a stenographer to record that hearing.            
               Petitioner also sent respondent a letter dated November 14,            
          2003 (November 14, 2003 letter).  In the November 14, 2003                  
          letter, petitioner stated in pertinent part:                                
                    After our telephone conversations of November 10                  
               and November 13 [2003], you have convinced me of the                   
               benefit to me of setting up an installment plan with                   
               you, rather than waiting to deal with a collections                    
               officer.                                                               
                    I will only enter into such an agreement with the                 
               documented understanding that I do not think I owe this                
               money; I am simply making this agreement as a conve-                   
               nience to myself.  I intend to pursue violation of due                 
               process and fraud on the court in this specific matter                 
               with subsequent court actions.                                         





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