John Thurman and Elaine Sheryl Horejs - Page 14




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          of section 6330(c)(1).  Cf. Nicklaus v. Commissioner, 117 T.C.              
          117, 120-121 (2001).                                                        
               Petitioners also contend that they never received a notice             
          and demand for payment for 1992, 1993, or 1994.  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 Forms 4340 that the Appeals officer relied on during the                
          administrative process show that respondent sent petitioners                
          notices of balance due on the same dates that respondent made               
          assessments for the taxes and additions to tax in question.  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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