-9- this proceeding any irregularity in the assessment procedure that would raise a question about the validity of the assessment or the information contained in Forms 4340. See Mann v. Commissioner, supra. Petitioner further contends that he had not been sent “the Notice of Assessment.” The record shows otherwise. “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.” Sec. 6303(a). If mailed, this notice and demand is required to be sent to the taxpayer’s last known address. Id. Forms 4340 show that respondent sent petitioner notices of balance due for 1993, 1995, and 1996. A notice of balance due constitutes a notice and demand for payment within the meaning of section 6303(a). Schaper v. Commissioner, T.C. Memo. 2002-203. In addition, petitioner received numerous final notices (notices of intention to lien and levy), receipt of which petitioner does not dispute. These numerous notices were sufficient and met the requirements of section 6303(a). Hansen v. United States, 7 F.3d 137, 138 (9th Cir. 1993); Hughes v. United States, 953 F.2d 531, 536 (9th Cir. 1992); Weishan v. Commissioner, supra. “The form on which a notice of assessment and demand for payment is made is irrelevant as long as it provides the taxpayer with all the informationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011