- 6 - to the last known address. Mr. Davis questioned the 23C assessment and a copy of the Certificate of Official Record Form 4340 was provided to validate the assessment per Stettler, 98-1 USTC 50,136 (10th Cir) and Cassity, 98-1 USTC 50,463 (9th Cir). Manual requirements were met. No financial information was provided and therefor no alternative collection arrangements could be considered. Mr. Davis’s issues as to the validity of the assessment were addressed however he provided no evidence to support his position. The filing of the notice of federal tax lien was filed prior to the implementation of the collection due process appeal program and therefor is not covered. Appeals believes that since no requested financial information nor evidence to dispute the liability were provided, we must assume that the determination balances the need for efficient collection of taxes with the concern as to the intrusiveness of the action. Petitioner timely filed a petition with this Court for review of the Appeals determination, pursuant to section 6330(d).3 Where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. Section 6330(c)(2)(B) provides: SEC. 6330(c). Matters Considered at Hearing.-- * * * * * * * (B) Underlying liability.-– The person may also raise at the hearing challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an 3Sec. 6330(d) allows a petition to be filed within 30 days of an Appeals determination.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011