Edwin J. Dunbar, Jr. - Page 9

                                        - 9 -                                         
               •    Mr. Dunbar requested a hearing by completing form                 
                    12153 on April 7, 2000.  A hearing was held on                    
                    July 9, 2001.  He listed the same periods in addi-                
                    tion to 1996.  The year 1996 is not included on                   
                    the Notice and therefore is not subject to a Col-                 
                    lection Due Process Hearing.  Notice CP504, Urgent                
                    Notice, was issued for 1996.                                      
                               History/Years Involved                                 
                    *       *       *       *       *       *       *                 
               Mr. Dunbar’s main argument is that there are no re-                    
               quirements for filing federal income tax returns [for                  
               his taxable years 1992, 1993, and 1994] and there are                  
               no requirements to pay federal income tax.  These                      
               arguments are invalid.  The taxes for 1992, 1993 and                   
               1994 were assessed after a Statutory Notice of Defi-                   
               ciency was issued.  The penalty was assessed after he                  
               failed to file a proper income tax return for 1998.                    
               During the hearing, Mr. Dunbar was provided with a copy                
               of the Statutory Notice of Deficiency and a copy of                    
               MFTRA-X transcript showing the assessments.  Under                     
               I.R.C. 6330(c)(2)(B), a taxpayer may not challenge the                 
               underlying tax liability or the amount if the taxpayer                 
               received a Statutory Notice of Deficiency.  Mr. Dunbar                 
               did and this was made clear to him in Appeals letter                   
               dated April 10, 2001 and during the hearing.                           
               During the collection due process hearing, Mr. Dunbar                  
               presented the same arguments.  Mr. Dunbar wanted to                    
               know if there is a requirement for filing income tax                   
               returns and payment of federal income tax.  He wanted                  
               to see Form 1040 and approval of the use of such form.                 
               He wanted the rules and implementing regulations that                  
               govern the hearing and a copy of the volume, date and                  
               page of the federal register in which these rules were                 
               published.  A copy of I.R.C. 6320 and 6330 were pro-                   
               vided to Mr. Dunbar along with the Income Tax Regula-                  
               tions for these sections.  Mr. Dunbar was not con-                     
               vinced.  In one of his letters, Mr. Dunbar wanted a                    
               photograph of the appeals officer and any witnesses                    
               appeals wants to present at the hearing.                               
               On his Form 12153, Request for Collection Due Process                  
               hearing, and during the hearing, Mr. Dunbar stated that                
               there was no Notice a Demand for payment provided to                   





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011