Brad L. Barnhill - Page 6




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               Section 6330 provides that, upon request and in the                    
          circumstances described therein, a taxpayer has a right to a                
          “fair hearing”.  Sec. 6330(b).  A “fair hearing” requires, inter            
          alia, that the conducting officer receive verification from the             
          Secretary that the requirements of applicable law and                       
          administrative procedure have been met.  Sec. 6330(c).  In                  
          satisfying this requirement, the Secretary may use a Form 4340.             
          Lunsford v. Commissioner, 117 T.C. 183, 187-188 (2001).                     
               One week before trial, respondent provided petitioner with a           
          transcript of petitioner’s account.  A transcript of a taxpayer’s           
          account and a Form 4340 contain the same information, insofar as            
          pertinent here.  A transcript contains transaction codes, whereas           
          a Form 4340 contains a conversion of the codes into descriptive             
          terms.  At trial, petitioner exhibited his understanding of the             
          transaction codes.  Accordingly, the transcript provided                    
          petitioner with the same information as a Form 4340 and satisfies           
          the requirement that he be provided with a verification of his              
          account.  See Nestor v. Commissioner, 118 T.C. 162 (2002); Kuglin           
          v. Commissioner, T.C. Memo. 2002-51.                                        
               B.  The Right To Subpoena Documents and Witnesses, Etc.                
               Petitioner argues that section 6330, as written, does not              
          provide for a “fair hearing”.  Petitioner argues that a “fair               
          hearing” must include the right to subpoena documents and                   
          witnesses, confront witnesses, submit evidence, etc.  We hold               






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