- 22 - (a) General Rule.--Any notice to which this section applies shall describe the basis for, and identify the amounts (if any) of, the tax due, interest, additional amounts, additions to the tax, and assessable penalties included in such notice. An inadequate description under the preceding sentence shall not invalidate such notice. (b) Notices to Which Section Applies.--This section shall apply to-- (1) any tax due notice or deficiency notice described in section 6155, 6212, or 6303, (2) any notice generated out of any information return matching program, and (3) the 1st letter of proposed deficiency which allows the taxpayer an opportunity for administrative review in the Internal Revenue Service Office of Appeals. [Emphasis added.] Congress enacted section 7522 with the expectation that the IRS would "make every effort to improve the clarity of all notices * * * that are sent to taxpayers." H. Conf. Rept. 100-1104, at 219 (1988), 1988-3 C.B. 473, 709. Petitioner argues that respondent's failure to state specifically that petitioner was being denied the benefits of community property law or to describe a basis for denying petitioner the benefits of community property law violates section 7522 and warrants treating the section 66(b) issue as a new matter on which respondent bears the burden of proof. Respondent argues that there was no violation of section 7522 because reliance on section 66 was "implicit" in the noticePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011