- 16 - accuracy-related penalty determined in the notice of deficiency. A notice of balance due constitutes a notice and demand for payment within the meaning of section 6303(a). See, e.g., Hughes v. United States, 953 F.2d 531, 536 (9th Cir. 1992); Newman v. Commissioner, T.C. Memo. 2002-132; Weishan v. Commissioner, supra; see also Hansen v. United States, 7 F.3d 137, 138 (9th Cir. 1993). Notably, petitioners acknowledged receipt of the notice of balance due dated November 20, 2000, in their letter dated December 20, 2000. See supra pp. 5-6. Petitioners have failed to raise a spousal defense, make a valid challenge to the appropriateness of respondent’s intended collection action, or offer alternative means of collection.7 These issues are now deemed conceded. Rule 331(b)(4). In the absence of a valid issue for review, we conclude that respondent is entitled to judgment as a matter of law sustaining the notice of determination dated September 20, 2001. B. Imposition of a Penalty Under Section 6673 We turn now to respondent’s oral motion for the imposition of a penalty on petitioners under section 6673. 7 Petitioner David Andrew Schmith stated to the Appeals officer at the administrative hearing on Aug. 21, 2001, that “I’ll get my checkbook” and “I’ve offered to pay as long as you show me the law that requires me to pay.” The statutory citations sought by petitioner are identified supra p. 13 of this opinion.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011