- 3 - 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.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011