Joseph D. and Wanda S. Lunsford - Page 11




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          petitioners’ claim is that the Appeals officer has incorrectly              
          relied on Form 4340 for purposes of verifying the assessments and           
          that the Appeals officer has improperly refused to afford                   
          petitioners certain alleged procedural rights with which to                 
          challenge the Form 4340.  We have already decided those issues              
          contrary to the position taken by petitioners.  Davis v.                    
          Commissioner, supra.  The only relief petitioners are seeking is            
          a remand to Appeals to consider matters which we have previously            
          ruled on.  The prayer for relief contained in the petition                  
          states:                                                                     
               WHEREFORE, Petitioner prays that this case be remanded                 
               to the Appeals Office with the following instructions:                 
                    a)  Perform a complete verification as required by                
                    26 C.F.R. �301.6320-T(e)(1),                                      
                    b)  Furnish existence thereof to Petitioner                       
                    including the documents requested in the due                      
                    process hearing request and                                       
                    c)  Hold a meaningful due process hearing as                      
                    required by law allowing Petitioner to examine all                
                    records used by Respondent and to cross examine                   
                    those persons who created or otherwise relied upon                
                    those records to create the alleged assessment                    
                    that begun the collection action,                                 
               so that Petitioner can be afforded due process of law                  
               prior to any taking.                                                   
          We do not believe that it is either necessary or productive to              
          remand this case to IRS Appeals to consider petitioners’                    
          arguments.  Thus, we shall decide this case by following our                
          opinion in Davis v. Commissioner, supra.                                    








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