Peter D. Dahlin Attorney at Law, P.S. - Page 5




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          Under Section 6320 and/or 6330.  The notice of determination                
          provided in pertinent part:                                                 
               We advised that some of the issues raised in your                      
               appeal were of a frivolous nature.  We advised that                    
               this was your opportunity to discuss why you believed                  
               you did not owe the tax and/or why you could not pay                   
               the tax liability.  You advised that you believe you                   
               were assessed additional tax because your election for                 
               S-corporation status was denied.  You stated that you                  
               believed that the denial was in error and that the IRS                 
               granted this status in 1999.  Your representative                      
               advised that you could not pay the tax because you had                 
               received threats on your life.[4]  You have not advised                
               as to how the alleged death threats have impacted your                 
               ability to pay the tax liability.                                      
          The notice of determination stated that petitioner did not                  
          provide the requested information and documentation to Ms.                  
          Derrick.  It further provided that “Although a levy is intrusive,           
          you have not provided financial data that would allow our office            
          to consider a viable collection alternative”.  The Form 4340,               
          Certificate of Assessments, Payments, and Other Specified                   
          Matters, for taxable year 2000, attached as an exhibit to the               
          joint stipulation of facts in this case, was not obtained until             
          after the notice of determination was issued.  Petitioner filed a           

               4Mr. Dahlin’s former legal assistant and office manager                
          solicited a “hitman” to murder him.  Respondent objected, based             
          on relevancy, to the admission into evidence of a newspaper                 
          article that discussed the solicitation of first degree murder by           
          Mr. Dahlin’s former employee and the subsequent trial.  See Fed.            
          R. Evid. 401.  The Court concludes that while the relevancy of              
          the newspaper article is certainly limited, it meets the                    
          threshold definition of relevant evidence and is admissible.  The           
          Court will give the article only such consideration as is                   
          warranted by its pertinence to the Court’s analysis of the case.            






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Last modified: November 10, 2007