Ronald A. Davis - Page 9




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          that it was improper for the Appeals officer to rely on the Form            
          4340 to verify that the taxes in question were assessed.                    
               Generally, courts have held that Form 4340 provides at least           
          presumptive evidence that a tax has been validly assessed under             
          section 6203.  See Huff v. United States, 10 F.3d 1440, 1445 (9th           
          Cir. 1993); Hefti v. IRS, 8 F.3d 1169, 1172 (7th Cir. 1993); Farr           
          v. United States, 990 F.2d 451, 454 (9th Cir. 1993); Geiselman v.           
          United States, 961 F.2d 1, 5-6 (1st Cir. 1992); Rocovich v.                 
          United States, 933 F.2d 991, 994 (Fed. Cir. 1991); United States            
          v. Chila, 871 F.2d 1015, 1017-1018 (11th Cir. 1989); United                 
          States v. Miller, 318 F.2d 637, 638-639 (7th Cir. 1963).                    
          “Certificates of Assessments and Payments are ‘routinely used to            
          prove that tax assessment has in fact been made.’  They are                 
          ‘presumptive proof of a valid assessment.’”  Guthrie v. Sawyer,             
          970 F.2d 733, 737 (10th Cir. 1992) (quoting Geiselman v. United             
          States, supra at 6).  The Form 4340 reflecting petitioner’s                 
          income tax liabilities for the years in issue indicates that                
          those tax liabilities were properly assessed and remain unpaid.             
          Petitioner has not demonstrated any irregularity in the                     
          assessment procedure that would raise a question about the                  
          validity of the assessments.  We therefore hold that it was not             
          an abuse of discretion for Appeals to rely on a Form 4340 in this           
          case for the purpose of complying with section 6330(c)(1).                  








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