Greg A. Bell - Page 4

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          6320 (2004 NFTL) relating to 1997.1  On October 13, 2004,                   
          petitioner timely filed a Form 12153, Request for a Collection              
          Due Process Hearing (2004 request), but he did not set forth any            
          issues relating to his 1997 liability.  The settlement officer              
          scheduled a hearing for February 2, 2005 (2005 hearing), but                
          petitioner failed to appear.  The 2005 hearing was rescheduled              
          for February 14, 2005.  On February 13, 2005, the settlement                
          officer received a letter in which petitioner stated he was                 
          withdrawing “[his] collection due process appeal”.  On February             
          14, 2005, the settlement officer sent petitioner a Form 12256,              
          Withdrawal of Request for Collection Due Process Hearing, but               
          petitioner refused to sign the form.  The settlement officer then           
          rescheduled the 2005 hearing for March 25, 2005, and, in a letter           
          dated March 18, 2005, informed petitioner that he was “previously           
          provided with an opportunity to challenge this liability * * * in           
          2002 [and] the issue of liability cannot be considered”.  The               
          2005 hearing was held via telephone on March 25, 2005, and                  
          petitioner was precluded from challenging the underlying                    
          liability.  On May 3, 2005, respondent issued petitioner a Notice           
          of Determination Concerning Collection Action(s) Under Section              
          6320 and/or 6330 (2005 notice of determination).                            


               1  The record does not indicate why respondent failed to               
          proceed with the proposed collection action after issuing the               
          2003 notice of determination or why the 2004 NFTL was necessary.            





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