- 4 - verifying the assessments, may rely on computer transcripts that contain the requisite information. We agree with respondent. Section 6203 authorizes the Secretary to make assessments. The assessment officer, appointed by the Secretary, makes the assessment by signing the summary record of assessment. Sec. 301.6203-1, Proced. & Admin. Regs. The summary record of assessment must “provide identification of the taxpayer, the character of the liability assessed, the taxable period, if applicable, and the amount of the assessment.” Id. Section 6330(c)(1), however, does not require that the Commissioner verify the information by using a particular source (i.e., the summary record itself rather than a computer transcript). The transcripts respondent used for the verification contained the requisite information. Respondent’s reliance on such transcripts was not an abuse of discretion. Where the Commissioner provides the taxpayer with Forms 4340 (i.e., proof of assessment) after the hearing and before trial, and the taxpayer does not “show at trial any irregularity in the assessment procedure that would raise a question about the validity of the assessments”, the taxpayer is not prejudiced. Nestor v. Commissioner, 118 T.C. ___, ___ (2002) (slip op. at 9). At trial, petitioner did not show any irregularity in the assessment procedure. Accordingly, we sustain respondent’s determination.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011