- 24 - 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 wasPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011