Michael E. Nestor - Page 28




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          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;                                                             








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