John D. Shea - Page 22




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                    (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 notice            






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Last modified: May 25, 2011