Michael E. Nestor - Page 18




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               petitioner had requested.  Respondent gave petitioner                  
               copies of the Forms 4340 prior to the trial in this                    
               case.  The Forms 4340 that respondent gave petitioner                  
               before trial showed that the amounts at issue were                     
               properly assessed, and petitioner did not show at trial                
               any irregularity in the assessment procedure that would                
               raise a question about the validity of the assessments.                
               * * *  Petitioner was not prejudiced in any way by the                 
               fact that he first received copies of those records                    
               after the section 6330 hearing.  * * *  [Majority op.                  
               p. 9; emphasis added.]                                                 
               As will be shown, a person seeking judicial review of agency           
          actions bears the burden of demonstrating prejudice from any                
          error.  Since petitioner did not show prejudice, the “rule of               
          prejudicial error” is applicable, and petitioner is entitled to             
          no relief.                                                                  
          II.  Administrative Procedure Act                                           
               I have previously stated my belief that various provisions             
          of the Administrative Procedure Act, 5 U.S.C. secs. 551-559, 701-           
          706 (1994) (hereafter, sections of which are cited as 5 U.S.C.),            
          inform our authority under section 6330(d)(1)(A) to review a                
          determination made by an Appeals officer pursuant to section                
          6330(c)(3).  Lunsford v. Commissioner, 117 T.C. 159, 165, 167-168           
          (2001) (Halpern, J., concurring).                                           
               Among the applicable APA provisions is 5 U.S.C. sec. 706,              
          which, in pertinent part, provides:                                         
               Scope of review                                                        
               To the extent necessary to decision and when                           
               presented, the reviewing court shall decide all                        
               relevant questions of law, interpret constitutional and                






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