Michael E. Nestor - Page 13




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          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 the                 








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