Katherine Ilovar Rodriguez - Page 6

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          Dellosso of the Hempstead Appeals Office sent petitioner a letter           
          describing, on the basis of the case history, the expected scope            
          of the hearing and what petitioner would be required to show in             
          order to avoid the proposed collection action.  Petitioner                  
          replied by letter; she stated that she was “disturbed by the way            
          you have continued to be abusive to us taxpayers in the tone and            
          content of your letter.”  She also stated that it was clear from            
          the letter that “you are working with Mr. Breitberg and you are             
          going to be unfair, partial, and abusive in dealing with our                
          case.”  Respondent refused to further reassign petitioner’s case.           
          Notice of Determination                                                     
               Respondent issued a notice of determination to petitioner,             
          finding that she had failed to raise a relevant issue under                 
          section 6330 and had failed to offer an acceptable alternative to           
          the proposed collection action.                                             
                                      Discussion                                      
          Section 6330                                                                
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by way of a levy until the taxpayer has             
          been given notice and the opportunity for an administrative                 
          review of the matter (in the form of an Appeals Office hearing),            
          and that, if dissatisfied, the taxpayer may obtain judicial                 
          review of the administrative determination.  See Davis v.                   
          Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114             
          T.C. 176, 179 (2000).  The taxpayer requesting the hearing may              




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