Thomas W. Roberts - Page 7




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          (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000).                      
               According to petitioner, petitioner’s “motion addresses only            
          one error; the non-existence of an assessment” with respect to               
          petitioner’s taxable year 1996.3  In support of his contention               
          that respondent did not make an assessment with respect to that              
          year, petitioner points out that “The appeals officer acknowl-               
          edged that there is no 23C document in Petitioner’s case” and                
          that, in making the assessment with respect to petitioner’s                  
          taxable year 1996, respondent did not use Form 23C, Assessment               
          Certificate--Summary Record of Assessments (Form 23C),4 but                  
          instead used a computer and a computer-generated report known as             
          Revenue Accounting Control System (RACS) Report 006 (RACS 006).5             

               3We disagree that petitioner’s motion addresses only “the               
          non-existence of an assessment”.  As discussed supra note 1,                 
          petitioner’s motion addresses two of the three allegations of                
          error in the petition.                                                       
               4According to petitioner, respondent’s Internal Revenue                 
          Manual (IRM) requires that, in making an assessment of tax,                  
          respondent use Form 23C signed by an authorized official.  To                
          support that contention, petitioner relies on what he identifies             
          as IRM sec. 3.17.46.2.4(1) (Jan. 1, 1999), which he quotes in                
          petitioner’s motion as follows:                                              
               All assessments must be certified by signature of an                    
               authorized official on the Summary Record of Assessment                 
               (Form 23C, Assessment Certificate-Summary Record of                     
               Assessments).  A signed Summary Record of Assessment                    
               authorizes issuance of notices and other collection                     
               actions (refer to IRC Regulations 301 6203-1 [sic]).                    
               5Petitioner also contends that the Disclosure Office admit-             
          ted that respondent made no assessment with respect to peti-                 
          tioner’s taxable year 1996 when that office stated the following             
                                                              (continued...)           





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