- 13 - statutory provisions. In collection hearings, respondent has certain specified verification requirements under section 6330(c)(1) relating to proposed collection activity. We held in Davis v. Commissioner, supra at 41, that, absent irregularities, the verification requirement with regard to the existence of an assessment (an “applicable” administrative procedure) is satisfied if the Appeals officers obtain Forms 4340 or transcripts of account which corroborate the relevant assessment information regarding the taxpayers. Under section 6203, taxpayers have a right to request and to receive a copy of “the record of assessment”, and if not delivered to the taxpayers by respondent, taxpayers may have a right to sue respondent under the Freedom of Information Act, 5 U.S.C. sec. 552 (2001), and section 601.702(c)(11), Statement of Procedural Rules, to require respondent to provide the documents requested. See, e.g., Dickstein v. IRS, 846 F.2d 1382 (9th Cir. 1988). In my opinion, that right of taxpayers under section 6203 is not part of respondent’s verification requirements under section 6330(c)(1). Further consideration of other provisions of section 6330 buttresses this analysis. It is helpful to look closely at the specific language not only of section 6330(c)(1), but also of section 6330(c)(2) and (3). Section 6330(c)(1) imposes thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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