Vernice B. Kuglin - Page 3




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          action.  In making the determination, respondent relied on the              
          transcripts to verify the assessments.  Respondent, before making           
          his determination, did not give petitioner copies of these                  
          transcripts or Forms 4340, Certificates of Assessments, Payments,           
          and Other Specified Matters (Forms 4340).                                   
               On March 7, 2000, petitioner, who was residing in Memphis,             
          Tennessee, filed her petition for review of the determination               
          with the Court.  Respondent provided petitioner with copies of              
          Forms 4340 on December 4, 2000.  At trial, on January 8, 2001,              
          respondent moved for the imposition of a section 6673(a)(1)                 
          penalty.                                                                    
                                     Discussion                                       
               Section 6330(b)(1) provides that if a taxpayer requests a              
          hearing, “such hearing shall be held by the Internal Revenue                
          Service Office of Appeals.”  Section 6330(c)(1) provides:  “The             
          appeals officer shall at the hearing obtain verification from the           
          Secretary that the requirements of any applicable law or                    
          administrative procedure have been met.”  Section 6330(d)                   
          provides for Tax Court review of the Commissioner’s determination           
          relating to the section 6330 hearing.                                       
               Petitioner contends that the Appeals officer abused his                
          discretion by relying on the transcripts to verify the                      
          assessment, and that section 6330(c)(1) requires the production             
          of Form 23C.  Respondent contends that an Appeals officer, in               






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