Michael E. Nestor - Page 12




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               As we noted in Davis v. Commissioner, 115 T.C. 35, 41                  
          (2000), procedures in collection hearings under section 6330 were           
          intended by Congress to be handled in a manner similar to                   
          procedures used in traditional Appeals hearings.  For years, as             
          far as I know without exception and long before enactment of                
          sections 6320 and 6330, respondent’s audit and Appeals                      
          representatives, in all collection contexts, have provided to               
          taxpayers copies of transcripts of account and of Forms 4340                
          relating to the taxpayers.  I hope that this opinion will not be            
          read to suggest that such documents, easily and routinely                   
          obtained by respondent’s collection personnel and by respondent’s           
          Appeals officers, need no longer be made available to taxpayers             
          and to their representatives, particularly in collection                    
          contexts.  The new collection procedures under sections 6320 and            
          6330 should not be interpreted to change the routine availability           
          to taxpayers from respondent's representatives of transcripts of            
          account and of Forms 4340.                                                  
               In light of comments made in Judge Foley’s dissenting                  
          opinion regarding the relationship of the verification                      
          requirements of section 6330(c)(1) with taxpayers’ rights under             
          section 6203 (and the related regulations) to obtain from                   
          respondent a copy of the “record of the assessment”, some further           
          comments are appropriate regarding those two quite different                








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