Joseph D. and Wanda S. Lunsford - Page 37




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          3.   Rationale for Holding Is Unpersuasive                                  
               In tandem, the majority’s holdings in Lunsford I and the               
          majority opinion herein are groundless assertions of jurisdiction           
          and authority.  The only justification for the holding herein is            
          that it would be a waste of time to conduct a hearing.  This                
          Court is not prescient.  Although petitioners’ Form 12153,                  
          petition, and trial memorandum focus on one issue--the                      
          assessments, only petitioners know what issues might be raised at           
          a hearing, particularly in light of the fact they are no longer             
          represented by the disbarred attorney who wrote the documents               
          submitted to the Court.                                                     
               Pursuant to section 6330(c)(2)(A), taxpayers “may raise at             
          the hearing any relevant issue relating to the unpaid tax”.                 
          (Emphasis added.)  The Appeals officer, in the letter which                 
          allegedly scheduled the hearing, wrote:  “Appeals cannot                    
          consider” the validity of the assessments.  To the contrary,                
          pursuant to section 6330(c)(1), the Appeals officer must consider           
          the validity of the assessments.  Form 4340 is presumptive                  
          evidence of a valid assessment, Huff v. United States, 10 F.3d              
          1440, 1446 (9th Cir. 1993), but the presumption is rebuttable.              
          Although the Appeals Office’s reliance on such form is not an               
          abuse of discretion in a case in which the taxpayer makes no                
          showing of irregularity, Davis v. Commissioner, supra at 41, a              








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