Mark S. & Lois A. Freme - Page 9




                                        - 8 -                                         
               of the administrative file, including information you                  
               already provided.  We may issue you a determination                    
               letter based upon that review.                                         
               On September 29, 2005, the Appeals officer and Mr. Freme               
          spoke on the telephone.  During that telephone call, Mr. Freme              
          stated that he intended to mail on the next day (i.e., September            
          30, 2005) to the Appeals officer completed Form 433-A.                      
               On October 12, 2005, the Appeals officer sent petitioners              
          another letter (Appeals officer’s October 12, 2005 letter).  That           
          letter stated in pertinent part:                                            
               On September 13, 2005, I sent you a letter offering you                
               a hearing; you have the opportunity for a conference by                
               personal interview, correspondence and/or by telephone.                
               I also requested some additional information to resolve                
               your case.  I asked you to contact me by September 28,                 
               2005 to discuss the Collection Due Process Hearing that                
               you requested.  On September 29, 2005, we had telephone                
               conversation in which you said you would be mailing in                 
               the Form 433-A on September 30, 2005.  As of this date,                
               I have not received the information requested.                         
               As previously stated, if you wish to propose collection                
               alternatives such as installment agreement or an offer                 
               in compromise you must submit current financial infor-                 
               mation.  I have enclosed A Form 433-A for this purpose.                
               Please contact me to discuss your hearing, and please                  
               forward the above requested information.  If I don’t                   
               hear from you by November 3, 2005 your hearing will                    
               consist of a review by Appeals of the administrative                   
               file, including information already provided by you.  A                
               determination letter will be issued to you based upon                  
               that review.  [Reproduced literally.]                                  
               Petitioners did not respond to the Appeals officer’s October           
          12, 2005 letter.  At no time during the consideration by the                
          Appeals officer of petitioners’ Form 12153 did petitioners                  







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

Last modified: November 10, 2007