Brad L. Barnhill - Page 5




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          6330 hearing.  In particular, petitioner argues that he was not             
          afforded a “fair hearing” because he did not receive a Form 4340,           
          Certificate of Assessments and Payments, and was deprived of his            
          right to subpoena documents and witnesses and confront witnesses.           
          In regard to the 1996 tax liability, respondent argues that                 
          petitioner’s contentions that he did not receive a “fair” hearing           
          are either irrelevant or refuted by the transcript of                       
          petitioner’s account.  As explained later in this opinion, we               
          conclude that there was no abuse of discretion.                             
               A.  Verification of Petitioner’s Account                               
               Petitioner contends that he was not shown a Form 4340 at his           
          hearing before Appeals.  We note that petitioner also contended             
          that he did not receive a statutory notice of deficiency.  Upon             
          further inquiry at trial, however, it became apparent that he had           
          received a notice of deficiency.3  Accordingly, we approach with            
          caution petitioner’s contention that he was not shown a Form                
          4340.                                                                       
                                                                                     


               3    PETITIONER:  There is no evidence of a notice                     
               of deficiency being issued. * * *                                      
                    THE COURT:  Well, did you receive a notice of                     
          deficiency?                                                                 
                    PETITIONER:  I received something that told me                    
               it was a 90-day letter.                                                
                    THE COURT:  That is a notice of deficiency.                       





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