- 7 - (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000). According to petitioner, petitioner’s “motion addresses only one error; the non-existence of an assessment” with respect to petitioner’s taxable year 1996.3 In support of his contention that respondent did not make an assessment with respect to that year, petitioner points out that “The appeals officer acknowl- edged that there is no 23C document in Petitioner’s case” and that, in making the assessment with respect to petitioner’s taxable year 1996, respondent did not use Form 23C, Assessment Certificate--Summary Record of Assessments (Form 23C),4 but instead used a computer and a computer-generated report known as Revenue Accounting Control System (RACS) Report 006 (RACS 006).5 3We disagree that petitioner’s motion addresses only “the non-existence of an assessment”. As discussed supra note 1, petitioner’s motion addresses two of the three allegations of error in the petition. 4According to petitioner, respondent’s Internal Revenue Manual (IRM) requires that, in making an assessment of tax, respondent use Form 23C signed by an authorized official. To support that contention, petitioner relies on what he identifies as IRM sec. 3.17.46.2.4(1) (Jan. 1, 1999), which he quotes in petitioner’s motion as follows: All assessments must be certified by signature of an authorized official on the Summary Record of Assessment (Form 23C, Assessment Certificate-Summary Record of Assessments). A signed Summary Record of Assessment authorizes issuance of notices and other collection actions (refer to IRC Regulations 301 6203-1 [sic]). 5Petitioner also contends that the Disclosure Office admit- ted that respondent made no assessment with respect to peti- tioner’s taxable year 1996 when that office stated the following (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011