Michael E. Vierow - Page 7

                                        - 7 -                                         
          Commissioner, T.C. Memo. 2003-195.  Petitioner’s arguments--in              
          the hearing request, during the correspondence hearing, and at              
          trial--were limited to the verification requirement in section              
          6330(c)(1).  Petitioner’s presence was not required in order for            
          respondent to verify whether the requirements of any applicable             
          law or administrative procedure had been met.                               
          3.   Abuse of Discretion                                                    
               As noted supra, petitioner’s arguments regard the                      
          verification requirement in section 6330(c)(1).  Petitioner                 
          contends that Appeals Officer Chambers did not verify that                  
          respondent (1) properly assessed the taxes for the years in issue           
          and (2) issued petitioner notices of deficiency, notice and                 
          demand for payment, notice of intent to levy, and notice of his             
          right to a hearing.                                                         
               Section 6330(c)(1) does not require the Commissioner to rely           
          on a particular document to satisfy the verification requirement            
          imposed therein.  E.g., Schnitzler v. Commissioner, T.C. Memo.              
          2002-159.  We have repeatedly held that the Commissioner may rely           
          on Forms 4340 or transcripts of account to satisfy the                      
          verification requirement of section 6330(c)(1).  Lindsey v.                 
          Commissioner, T.C. Memo. 2002-87, affd. 56 Fed. Appx. 802 (9th              
          Cir. 2003); Tolotti v. Commissioner, T.C. Memo. 2002-86, affd. 70           
          Fed. Appx. 971 (9th Cir. 2003).  Petitioner has not alleged any             
          irregularity in the assessment procedure that would raise a                 






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011