Michael E. Nestor - Page 24




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               BEGHE, J., concurring:  The majority acknowledge that                  
          section 6203 requires the Secretary, upon request of the                    
          taxpayer, to furnish the taxpayer a copy of the record of the               
          assessment but observe that neither section 6330(c)(1) nor the              
          regulations thereunder require the Appeals officer to furnish               
          “the taxpayer a copy of the verification that the requirements of           
          any applicable law or administrative procedure have been met.”              
          Majority op. p. 8.  Nor, I would add, does section 6330(c)(1) by            
          its terms require the Appeals officer to furnish a copy of the              
          record of the assessment at the hearing.  However, as the dissent           
          points out, it is difficult to see how the Appeals officer could            
          have verified that the requirements of all applicable laws had              
          been met when respondent had not complied with section 6203.                
               In any event, it should be standard procedure in collection            
          cases for the Appeals officer, no later than the commencement of            
          the hearing, to furnish the taxpayer a Form 4340 confirming the             
          assessment.  In so doing, the Appeals officer will provide the              
          taxpayer minimum assurance that the amounts claimed by the                  
          Service in the lien or levy proceeding notice are due and owing.            
          By furnishing the taxpayer a Form 4340 at or before the hearing,            
          the Service will remove any excuse of the taxpayer for not coming           
          to grips with the relevant issues described in section                      
          6330(c)(2).                                                                 
               In the case at hand, the Appeals officer’s failure to                  
          furnish the taxpayer a Form 4340 at or before the hearing was               




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