Dwight Schwersensky - Page 14

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          Commissioner, T.C. Memo. 2005-94; Yazzie v. Commissioner, T.C.              
          Memo. 2004-233, affd. 153 Fed. Appx. 456 (9th Cir. 2004); see               
          also United States v. Rodgers, 461 U.S. 677, 682-683 (1983).                
               Petitioner further claims, in opposition to summary                    
          judgment, that he was not provided notice of his right to a                 
          section 6330 hearing by the Secretary or his delegate, as                   
          required by section 6330(a)(1).  See also sec. 7701(a)(11)(B),              
          (12)(A)(i).  This claim is also meritless, as the Secretary has             
          delegated the authority to issue notices of intent to levy to a             
          host of Internal Revenue Service employees.  Delegation Order No.           
          191 (Rev. 3), effective June 11, 2001; see also Craig v.                    
          Commissioner, supra at 263; Yazzie v. Commissioner, supra.  We              
          note also that there is no requirement that a notice of intent to           
          levy be signed.  Everman v. Commissioner, T.C. Memo. 2003-137.              
               Petitioner contends that his right to a hearing under                  
          section 6330 was infringed as a result of the settlement                    
          officer's decision to terminate the conference rather than allow            
          petitioner to record it.  In Keene v. Commissioner, 121 T.C. 8              
          (2003), we held that section 7521(a)(1) entitles taxpayers to               
          audio record conferences held pursuant to sections 6320 and 6330.           
          However, in Kemper v. Commissioner, T.C. Memo. 2003-195, issued             
          on the same day as Keene, and also involving a failure to accord            
          the taxpayer the opportunity to audio record his section 6330               
          conference, we held that, because the only arguments the                    






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