- 18 - 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 andPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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