- 11 - Certificate, which is the summary record of assessment.8 The Appeals officer informed petitioner that a Form 4340 was sufficient to verify that the taxes were properly assessed. The Appeals officer showed petitioner the Form 4340, which clearly showed that the assessment of taxes was in fact made and explained to petitioner its significance. In Davis v. Commissioner, 115 T.C. 35 (2000), the taxpayer involved argued that a “valid” summary record of assessment did not exist because he was not given a Form 23C. We held that the Appeals officer could rely on a Form 4340 to verify that a valid assessment existed. Id. at 40-41. Since the taxpayer did not point to any irregularity in the assessment procedure, we granted respondent’s motion for a judgment on the pleadings. Id. at 41.9 8Sec. 6203 requires the Secretary to record a liability of the taxpayer and to furnish a copy of the record of assessment to the taxpayer on request. Sec. 301.6203-1, Proced. & Admin. Regs., provides that an assessment officer shall make the assessment and sign a “summary record of assessment”. This record “through supporting records” shall identify the taxpayer, the character of the liability, the taxable period, and the amount of the assessment. 9Form 4340, Certificate of Assessments and Payments, provides presumptive evidence that an assessment has in fact occurred. See Nicklaus v. Commissioner, 117 T.C. ___, ___ (2001) (slip op. at 8); Davis v. Commissioner, supra at 40; Wylie v. Commissioner, T.C. Memo. 2001-65. Nevertheless, it is not conclusive and further examination may be required in some instances where the taxpayer points to an irregularity. See, e.g., Huff v. United States, 10 F.3d 1440, 1446 (9th Cir. 1993) (where the assessment date did not appear on Form 4340). But, in a case such as this, where the taxpayer presents no evidence of an irregularity, the presumption remains applicable. See Hughes (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011