- 28 - failed to verify that the requirements of any applicable law or administrative procedures had been met. Maj. op. p. 8. As was true here, and as was true in Davis v. Commissioner, 115 T.C. 35, 41 (2000), the case upon which the majority relies to reject that argument, the Court did not hold that an Appeals officer’s reliance on Form 4340, Certificate of Assessments and Payments, was sufficient to meet section 6330(c)(1)’s requirement that “The appeals officer shall at the hearing obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met.” In Davis v. Commissioner, supra at 40-41, and as was true here, majority op. p. 8, the narrow holding of the Court was that an Appeals officer may at the hearing rely on Form 4340 to verify that the taxes in question were assessed. The fact that Form 4340 is insufficient compliance with section 6330(c)(1) in its entirety is seen by a plain reading of the relevant legislative history. The Senate Finance Committee report provides that During the hearing, the IRS is required to verify that all statutory, regulatory, and administrative requirements for the proposed collection action have been met. IRS verifications are expected to include (but not be limited to) showings that: (1) the revenue officer recommending the collection action has verified the taxpayer’s liability;Page: 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