Kenneth E. and Lois M. Edwards - Page 3




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          petitioners would be able to see relevant portions of their                 
          administrative file.  Petitioners did not agree to meet with                
          respondent.  The parties did not stipulate any facts.                       
               On brief, petitioners raised concerns about respondent’s               
          failure to deliver copies of the two forms requested in                     
          petitioners’ interrogatories.  The request for Forms 23-C and               
          4340 reflects petitioners’ misunderstanding of or confusion about           
          the deficiency and assessment processes.  The requested forms               
          usually contain information about a taxpayer’s account, including           
          any assessment or payment that has been made including the                  
          assessment date, the identity of taxpayer, the amount and type of           
          liability assessed, and the applicable time period.  See                    
          Saltzman, IRS Practice and Procedure, par. 10.02, at 10-4 and               
          par. 14.05[1], at S14-8 (2d ed. 1991 and Supp. 3 1998).  If, in a           
          situation similar to petitioners’, no assessment has been made,             
          these forms would contain little or no information.                         
               Respondent then moved to dismiss for failure to prosecute              
          properly, and the motion was calendared for hearing at the                  
          scheduled trial session.  At the hearing, petitioners stated that           
          they would not present evidence on the adjustments to income                
          determined by respondent in the deficiency notice.  Petitioners             
          only wished to pursue their procedural claim that respondent’s              
          notice of deficiency was an improper attempt to assess a tax                
          liability.                                                                  


               2(...continued)                                                        
          answer from respondent, so we shall not discuss it further.                 


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