Sam E. Scott - Page 8




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          Petitioner also attempted to question whether the section                   
          6651(a)(1) addition to tax and the section 6662 penalty were                
          overstated.                                                                 
               In the November 19, 2004, facsimile petitioner also                    
          contended that the outstanding amounts of the addition to tax and           
          penalty reflected on the NFTLs exceeded the 25 percent and 20               
          percent amounts, respectively, set forth in sections 6651(a)(1)             
          and 6662 and, therefore, were invalid.  Finally, petitioner                 
          contended that the hearing did not provide him with either                  
          substantive or procedural due process because:                              
               1.  There are no standards or procedures for conduct                   
               of the hearing.                                                        
               2.  There is no provision for making a written record                  
               of the hearing.                                                        
               3.  No burden of proof is provided, nor is taxpayer                    
               informed as to what is grounds for relief.                             
               4.  The presiding officer at the hearing is employed                   
               by the IRS, an adversary party, and therefore cannot                   
               be impartial for due process purposes.                                 
               5.  No evidence is required or presented by IRS to                     
               establish that due process rights have been afforded.                  
               6.  The hearing is a post-deprivation hearing which                    
               does not comply with due process requirements.                         
               There is no due process requirement for filing the lien.               
               7.  Taxpayer was not allowed at the hearing to present                 
               an offer in compromise.  The provisions of [section]                   
               6631 require that every IRS notice that includes an                    
               amount of interest required to be paid by the taxpayer                 
               must include a detailed computation of the interest                    
               charged.  This was not done in this case as is                         
               demonstrated by the IRS’s notices.                                     






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