Brian and Tina Nicklaus - Page 7




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               Where, as is the case here, the validity of the underlying             
          tax liability is not properly at issue, the Court will review the           
          administrative determination of the Commissioner of Internal                
          Revenue for abuse of discretion.  Sego v. Commissioner, 114 T.C.            
          604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000).            
               Petitioners state on brief, and we agree, that, in order for           
          the July 16, 1999 notices of Federal tax lien to be valid and               
          enforceable, the assessments that respondent made of petitioners’           
          respective tax liabilities for their taxable years 1993 through             
          1996 must have been valid.  Petitioners argue that respondent’s             
          assessments of those liabilities were procedurally defective and            
          therefore not valid.  That is because, according to petitioners,            
          one of respondent’s assessment officers did not sign and date               
          Forms 4340 that respondent prepared with respect to petitioners’            
          taxable years 1993 through 1996, respectively, as required by               
          section 301.6203-1, Proced. & Admin. Regs.                                  
               On the record before us, we reject petitioners’ position.              
          Section 301.6203-1, Proced. & Admin. Regs., does not require that           
          one of respondent’s assessment officers sign and date Form 4340             
          in order to have a valid assessment of a taxpayer’s liability.              
          Although those regulations do require an assessment to be made              


               4(...continued)                                                        
          concluded that petitioners abandoned the arguments and conten-              
          tions which they advanced prior to the time that they filed their           
          brief in this case, on the record before us, we reject those                
          other arguments and contentions.                                            





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