Malcolm Crow - Page 16




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               6203, give notice to each person liable for the unpaid                 
               tax, stating the amount and demanding payment thereof                  
               * * *.                                                                 
          In particular, the IMF transcript on which the Appeals officer              
          relied during the administrative process shows that respondent              
          sent petitioner a notice of balance due on the same date that               
          respondent made assessments against petitioner for the tax,                 
          addition to tax, and accuracy-related penalty determined in the             
          notice of deficiency.  A notice of balance due constitutes a                
          notice and demand for payment within the meaning of section                 
          6303(a).  See, e.g., Hughes v. United States, 953 F.2d 531, 536             
          (9th Cir. 1992); Weishan v. Commissioner, supra; see also Hansen            
          v. United States, 7 F.3d 137, 138 (9th Cir. 1993).  Indeed,                 
          petitioner even attached a copy of the February 7, 2000, notice             
          and demand to his letter dated March 4, 2000, acknowledging                 
          receipt of such document.                                                   
               Petitioner has failed to raise a spousal defense, make a               
          valid challenge to the appropriateness of respondent’s intended             
          collection action, or offer alternative means of collection.                
          These issues are now deemed conceded.  Rule 331(b)(4).  In the              
          absence of a valid issue for review, we conclude that respondent            
          is entitled to judgment as a matter of law sustaining the notice            
          of determination dated May 9, 2001.                                         
               B.  Imposition of a Penalty Under Section 6673                         
               We turn now to that part of respondent’s motion that moves             






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