Willie R. Davidson - Page 14




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          Form 4340.  See Davis v. Commissioner, supra at 41; Mann v.                 
          Commissioner, T.C. Memo. 2002-48.  Accordingly, we hold that the            
          Appeals officers satisfied the verification requirement of                  
          section 6330(c)(1).  Cf. Nicklaus v. Commissioner, 117 T.C. 117,            
          120-121 (2001).                                                             
               Petitioner also contends that he never received a notice and           
          demand for payment for 1997.  The requirement that the Secretary            
          issue a notice and demand for payment is set forth in section               
          6303(a), which provides in pertinent part:                                  
                    SEC. 6303(a). General Rule.-–Where it is not                      
               otherwise provided by this title, the Secretary shall,                 
               as soon as practicable, and within 60 days, after the                  
               making of an assessment of a tax pursuant to section                   
               6203, give notice to each person liable for the unpaid                 
               tax, stating the amount and demanding payment thereof.                 
               * * *                                                                  
          The Form 4340 that the Appeals officers relied on 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 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).                                                   








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