John Ballard - Page 5




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               justifies the filing status and allowances on your new                 
               Form W-4, we will instruct your employer to withhold on                
               the basis of your new Form W-4.                                        
               What If You Have More Questions?                                       
               If you have any questions, you may call TAX EXAMINER                   
               ID* 8900000, on weekdays between 7:00 a.m. and 4:30                    
               p.m. Pacific Standard Time at 1-866-794-0059.  This is                 
               a toll-free telephone number.  We’ve enclosed Notice                   
               853, Form W-4 Privacy Act Notification, for your                       
               convenience.                                                           
               On February 15, 2007, petitioner filed a Motion to Restrain            
          in which he seeks injunctive relief pursuant to sections 6213(a)4           
          and 6330(a) by having the Court:  (1) Order respondent to                   
          withdraw the Letter 2801(CG); (2) reinstate petitioner’s filing             
          status and allowance as shown on his last Form W-4 before                   
          respondent issued the Letter 2801(CG) or allow petitioner to file           
          a new Form W-4 to correct respondent’s change in petitioner’s               
          withholding status; and (3) order respondent to reimburse                   
          petitioner for any damages that were unlawfully collected                   
          pursuant to Letter 2801(CG).                                                
               The Court issued an Order setting petitioner’s motion to               
          restrain assessment for hearing at the Motions Session in                   
          Washington, D.C.  The Court noted that no notice was attached to            
          the petition which would permit petitioner to invoke the Court’s            
          jurisdiction.  Accordingly, the Court ordered the parties to show           


               4  Sec. 6213(a) provides for a restriction on assessment in            
          the event that a notice of deficiency is mailed to a taxpayer.              
          There is no evidence in this case that a notice of deficiency was           
          mailed to petitioner.                                                       






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Last modified: November 10, 2007