- 3 - action. In making the determination, respondent relied on the transcripts to verify the assessments. Respondent, before making his determination, did not give petitioner copies of these transcripts or Forms 4340, Certificates of Assessments, Payments, and Other Specified Matters (Forms 4340). On March 7, 2000, petitioner, who was residing in Memphis, Tennessee, filed her petition for review of the determination with the Court. Respondent provided petitioner with copies of Forms 4340 on December 4, 2000. At trial, on January 8, 2001, respondent moved for the imposition of a section 6673(a)(1) penalty. Discussion Section 6330(b)(1) provides that if a taxpayer requests a hearing, “such hearing shall be held by the Internal Revenue Service Office of Appeals.” Section 6330(c)(1) provides: “The appeals officer shall at the hearing obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met.” Section 6330(d) provides for Tax Court review of the Commissioner’s determination relating to the section 6330 hearing. Petitioner contends that the Appeals officer abused his discretion by relying on the transcripts to verify the assessment, and that section 6330(c)(1) requires the production of Form 23C. Respondent contends that an Appeals officer, inPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011