Kenneth P. Krueger - Page 6

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                    During Appeals consideration of your case, you did                
               not raise any non-frivolous collection alternatives or                 
               any non-frivolous issues.                                              
                    Appeals has obtained verification from the                        
               Secretary that the requirements of any applicable law                  
               or administrative procedure have been met, considered                  
               any relevant issues relating to the unpaid tax raised                  
               at the hearing, and taken into consideration whether                   
               the proposed collection action balances the need for                   
               the efficient collection of taxes with the legitimate                  
               concern of the person that any collection action be no                 
               more intrusive than necessary.  Therefore, it is the                   
               determination in this case the issuance of the Notice                  
               of Intent to Levy is sustained.                                        
             On July 8, 2004, petitioner filed a petition with the Court              
        for judicial review of respondent’s notice of determination.  In              
        his petition, petitioner contends that he did not receive a                   
        hearing as required by section 6330 because:  (1) He was not                  
        allowed to have a face-to-face conference; (2) the hearing officer            
        had no authority to limit what was to be discussed during a                   
        telephone conference; and (3) he was not allowed to challenge the             
        existence of the underlying tax liability.                                    
             On March 9, 2005, respondent filed a motion for summary                  
        judgment seeking a decision that collection can proceed and to                
        impose a penalty pursuant to section 6673.  By order dated March              
        10, 2005, petitioner was given until April 11, 2005, to file a                
        response to the motion for summary judgment.  Petitioner filed a              
        response on April 11, 2005, which stated in part:                             
             Petitioner was denied a face-to-face hearing unless                      
             petitioner discussed only issues allowed by the                          
             settlement officer.  By letter dated April 8, 2004,                      
             petitioner was advised that Appeals does not hold face-                  





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