Lucinda A. Yazzie - Page 18

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          Commissioner, T.C. Memo. 2003-278; Fink v. Commissioner, T.C.               
          Memo. 2003-61.  The Court concludes that petitioner’s complaints            
          regarding the assessments and verification are meritless.                   
               Petitioner has denied receiving the notice and demand for              
          payment that section 6303(a) establishes should be given within             
          60 days of the making of an assessment.  However, a notice of               
          balance due constitutes a notice and demand for payment within              
          the meaning of section 6303(a).  Craig v. Commissioner, supra at            
          262-263.  The Form 4340 indicates that petitioner was sent such a           
          notice of balance due for the tax year involved.                            
               Petitioner has also attempted to raise section 7401 as a               
          defense.  Section 7401 directs that no civil action for, inter              
          alia, collection or recovery of taxes shall be commenced unless             
          authorized or sanctioned by the Secretary, and the Attorney                 
          General or his delegate directs that the action be commenced.               
          This section has no bearing on the instant proceeding in that the           
          filing of a notice of Federal tax lien under section 6323 and the           
          levying upon property under section 6331 are administrative                 
          actions that do not necessitate the institution of a civil suit.            
               Thus, with respect to those issues enumerated in section               
          6330(c)(2)(A) and subject to review in collection proceedings for           
          abuse of discretion, petitioner has not raised any spousal                  
          defenses, valid challenges to the appropriateness of the                    
          collection action, or collection alternatives.  As this Court has           






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