Ronald A. Davis - Page 8




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               but the appeals officer did not verify that a 23C was                  
               actually prepared pursuant to his duty under 26 CFR                    
               �301.6320-T(e)(1)and the nonexistence of the properly                  
               prepared and signed certificate of assessment pursuant                 
               to 26 U.S.C. �6203 and 26 C.F.R. �301.6203-1 was placed                
               in issue. * * *                                                        
               In petitioner’s response in opposition to respondent’s                 
          motion and at the hearing on the motion, petitioner made three              
          arguments for our consideration.  First, petitioner alleges that            
          the Appeals officer who conducted the hearing failed to properly            
          verify that the Internal Revenue Service (IRS) met the                      
          requirements of any applicable law or administrative procedure as           
          required by section 6330(c)(1).  Specifically, petitioner alleges           
          that the Appeals officer improperly relied on Form 4340 to verify           
          the proper assessments of the taxes in issue (verification                  
          issue).  Secondly, petitioner argues that he was not afforded the           
          type of due process hearing that section 6330 envisions.                    
          Petitioner argues that any meaningful hearing requires that he be           
          able to subpoena witnesses and documents (meaningful hearing                
          argument).  Finally, petitioner alleges that the notice of                  
          determination was not signed in accordance with the requirements            
          of section 6065 (section 6065 issue).                                       
          Verification Issue                                                          
               Petitioner alleges that the Appeals officer who conducted              
          the hearing failed to properly verify that the IRS met the                  
          requirements of any applicable law or administrative procedure as           
          required by section 6330(c)(1).  Specifically, petitioner argues            





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