Charles G. and Daphne C. M. Hall - Page 11




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          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 officer relied on during the                 
          administrative process shows that respondent sent petitioners a             
          notice of balance due on the same date that respondent made                 
          assessments against petitioners 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).                                                   
               Petitioners have 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).  Under the           
          circumstances, we conclude that respondent is entitled to                   











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