Terry L. Lindsay - Page 12




                                               - 12 -                                                  
            The same is true of this case:  The Appeals officer verified that                          
            the assessments were made with a Form 4340, and petitioner has                             
            presented no evidence of any irregularity in the assessment                                
            procedure.  No genuine issue of material fact has been presented.                          
                  Petitioner also argued in the Form 12153 attachment that he                          
            did not receive a notice and demand for payment as required under                          
            section 6303.10  It is not apparent from that attachment whether                           
            petitioner was challenging the physical “receipt” of the notice                            
            or the validity of the notice received.  In any event, petitioner                          
            did not raise the issue at the Appeals hearing, in his petition                            
            to this Court, or in his response to respondent’s motion for                               
            summary judgment.  We must, therefore, find that the issue was                             
            conceded.  See Nicklaus v. Commissioner, 117 T.C. ___, ___ (2001)                          
            (slip op. at 6 n.4).                                                                       
                  Petitioner contended throughout the hearing that he could                            
            not present a defense because he was not given a set of                                    
            procedures governing the Appeals hearing and the presentment of                            
            issues therein.  Attached to the notice given to petitioner of                             
            his right to a hearing under section 6320 was Publication 1660                             



                  9(...continued)                                                                      
            v. United States, 953 F.2d 531, 535 (9th Cir. 1992).                                       
                  10Sec. 6303(a) requires the Secretary to send a notice of                            
            assessment of a tax and a demand for payment within 60 days after                          
            the assessment is made.  “Such notice shall be left at the                                 
            dwelling or usual place of business of such person, or shall be                            
            sent by mail to such person’s last known address.”  Sec. 6303(a).                          





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