Thomas W. Roberts - Page 2




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               respect to P’s taxable year 1996.  Held, further, for                   
               purposes of complying with sec. 6330(c)(1), I.R.C., it                  
               was not an abuse of discretion for A to have relied on                  
               Form 4340 to verify R’s assessment with respect to P’s                  
               taxable year 1996.  See Davis v. Commissioner, 115 T.C.                 
               35 (2000).  Held, further, any inability of P before or                 
               at R’s Appeals Office hearing to examine Forms 23C and                  
               4340 and to cross-examine witnesses did not constitute                  
               an abuse of discretion.  See Nestor v. Commissioner,                    
               118 T.C. 162 (2002); Davis v. Commissioner, supra.                      
               Held, further, R did not abuse R’s discretion in deter-                 
               mining in the notice of determination to proceed with                   
               collection with respect to P’s taxable year 1996.                       
                    Held, further:  P is required to pay a penalty                     
               under sec. 6673(a), I.R.C.                                              


               Thomas W. Roberts, pro se.                                              
               Joanne B. Minsky, for respondent.                                       


                                       OPINION                                         

               CHIECHI, Judge:  This case is before the Court on the                   
          parties’ cross-motions for partial summary judgment.1  We shall              

               1Both petitioner and respondent incorrectly characterized               
          their respective motions as motions for summary judgment.  In                
          those motions, the parties address only the following two of the             
          three allegations of error in the petition:                                  
               a)   The appeals officer failed to get proper verifica-                 
                    tion from the Secretary that the service met the                   
                    requirements of any applicable law or administra-                  
                    tive procedure as required by �6330(c)(1), 26 CFR                  
                    �301.6320-[1]T(e)(1) and 26 CFR �301.6330-                         
                    [1]T(e)(1).                                                        
               b)   The appeals officer failed to furnish requested                    
                    documentation prior to the hearing and refused to                  
                                                              (continued...)           





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