Carlin and Joyce A. Bartschi - Page 8




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          petitioners argue that the Appeals officer failed to obtain                 
          verification from the Secretary that the requirements of all                
          applicable laws and administrative procedures were met as                   
          required by section 6330(c)(1).  We disagree with this argument.            
          Section 6330(c)(1) does not require the Appeals officer to rely             
          upon a particular document (e.g., the summary record itself                 
          rather than transcripts of account) in order to satisfy this                
          verification requirement.  Kuglin v. Commissioner, T.C. Memo.               
          2002-51; see also Weishan v. Commissioner, T.C. Memo. 2002-88.              
          Nor does it mandate that the Appeals officer actually give a                
          taxpayer a copy of the verification upon which the Appeals                  
          officer relied.  Sec. 6330(c)(1); sec. 301.6330-1(e)(1), Proced.            
          & Admin. Regs.; see also Nestor v. Commissioner, 118 T.C. 162               
          (2002).  Given the additional fact that petitioners were actually           
          given copies of the relevant Forms 4340, which are a valid                  
          verification that the requirements of any applicable law or                 
          administrative procedure have been met, Roberts v. Commissioner,            
          118 T.C. 365 (2002); Mudd v. Commissioner, T.C. Memo. 2002-204;             
          Howard v. Commissioner, T.C. Memo. 2002-81; Mann v. Commissioner,           
          T.C. Memo. 2002-48, we hold that:   (1) The assessments were                
          valid, Kuglin v. Commissioner, supra; see also Duffield v.                  
          Commissioner, T.C. Memo. 2002-53, and (2) the Appeals officer               

               3(...continued)                                                        
          Appeals officer’s determination.  Those issues are frivolous.               
          Moreover, they are not properly before the Court for decision.              





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