Terry L. Lindsay - Page 11




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            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...)                





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