Michael E. Nestor - Page 11




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               SWIFT, J., concurring:  Arguably, the majority opinion                 
          treats all “assessment records” as if they are the same, and                
          states overly broadly (majority op. p. 8) that “Section                     
          6330(c)(1) does not require the Appeals officer to give the                 
          taxpayer a copy of the verification that the requirements of any            
          applicable law or administrative procedure have been met.”  The             
          quoted language is susceptible of being read to mean that Appeals           
          officers need not give or show to taxpayers copies of                       
          computerized transcripts of account or Forms 4340.                          
               Surely, we need not so hold in this case.  Petitioner is not           
          making that argument.  At the Appeals hearing herein, the Appeals           
          officer had a copy of the computerized transcript of account or             
          Forms 4340 relating to petitioner, and nothing in the opinion               
          suggests that the Appeals officer refused to provide petitioner             
          with a copy of those specific documents.1                                   






               1    Repeatedly, in connection with the Appeals hearing and            
          the litigation herein, petitioner insisted that he be provided              
          not with a transcript of account or a Form 4340, but rather with            
          a Form 23C and with the Summary Record of Assessment “as provided           
          for in sec. 301.6203-1, Proced. & Admin. Regs.”  At the Appeals             
          hearing, petitioner was not interested in obtaining from                    
          respondent a copy of the transcript of account or the Form 4340.            
          Like many other tax protesters, petitioner does not regard a                
          computerized transcript of account or a Form 4340 as satisfying             
          either the verification requirements of sec. 6330(c)(1) or the              
          documentation provisions of sec. 301.6203-1, Proced. & Admin.               
          Regs.  E.g., Lunsford v. Commissioner, 117 T.C. 183, 187-189                
          (2001); Davis v. Commissioner, 115 T.C. 35, 40-41 (2000).                   




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