Glen A. Blair - Page 8




                                        - 8 -                                         
          notice is invalid because respondent’s Service Center director is           
          not properly authorized to issue notices of deficiency is                   
          frivolous and groundless.  See Nestor v. Commissioner, 118 T.C.             
          162 (2002); Smeton v. Commissioner, T.C. Memo. 2002-140; Coleman            
          v. Commissioner, T.C. Memo. 2002-132.  As the Court of Appeals              
          for the Fifth Circuit has remarked:  “We perceive no need to                
          refute these arguments with somber reasoning and copious citation           
          of precedent; to do so might suggest that these arguments have              
          some colorable merit.”  Crain v. Commissioner, 737 F.2d 1417,               
          1417 (5th Cir. 1984).                                                       
               We likewise reject petitioner’s argument 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).  The record shows               
          that the Appeals officer obtained and reviewed a transcript of              
          account (Form 4340) with regard to petitioner’s taxable year                
          1997.                                                                       
               Federal tax assessments are formally recorded on a record of           
          assessment.  Sec. 6203.  “The summary record, through supporting            
          records, shall provide identification of the taxpayer, the                  
          character of the liability assessed, the taxable period, if                 
          applicable, and the amount of the assessment.”  Sec. 301.6203-1,            
          Proced. & Admin. Regs.                                                      








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011