Samuel and Bernice Boone Trust - Page 4




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            summarily assessed under the authority of section 6201(a)(3) and                           
            “arose from a nonrebate erroneous refund which could not have                              
            been assessed as a deficiency or otherwise been subject to the                             
            jurisdiction of this Court under an alternative to assessment                              
            under section 6201(a)(3).”                                                                 
                  On October 2, 2000, a hearing on respondent’s motion was                             
            held at the Court’s trial session in Columbia, South Carolina.                             
                                             Discussion                                                
                  Petitioner seeks judicial review of an administrative action                         
            instituted by respondent to recover what respondent alleges was                            
            an erroneous refund paid to petitioner.  As described below, the                           
            administrative collection procedures instituted by respondent are                          
            distinct from the deficiency procedures upon which this Court’s                            
            jurisdiction is generally predicated.                                                      
                  Section 6201 authorizes and requires the Secretary “to make                          
            the inquiries, determinations, and assessments of all taxes * * *                          
            imposed” by the Internal Revenue Code.  The assessment of tax,                             
            which is ordinarily the first step in the collection process, is                           
            accomplished by recording the taxpayer’s liability in the office                           
            of the Secretary.  See sec. 6203.                                                          
                  In certain circumstances, pursuant to the general authority                          
            of section 6201, the Commissioner can summarily (immediately)                              
            assess certain amounts, including overstatements on a return or a                          








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