- 10 - Weishan v. Commissioner, supra; Lindsey v. Commissioner, supra; Tolotti v.Commissioner, supra; Duffield v. Commissioner, supra; Kuglin v. Commissioner, supra. Petitioners also contend that they never received a notice and demand for payment for 1996 or 1997. The requirement that the Secretary issue a notice and demand for payment is set forth in section 6303(a), which provides in pertinent part: SEC. 6303(a). General Rule.-–Where it is not otherwise provided by this title, the Secretary shall, as soon as practicable, and within 60 days, after the making of an assessment of a tax pursuant to section 6203, give notice to each person liable for the unpaid tax, stating the amount and demanding payment thereof. * * * The Forms 4340 that respondent provided to the Court show that notices of balance due were issued to petitioners on the same dates that respondent entered assessments against petitioners for the taxes and accuracy-related penalties set forth in the notices of deficiency for 1996 and 1997. We hold that 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); Weishan v. Commissioner, supra. Petitioners have not alleged any irregularity in the assessment procedure that would raise a question about the validity of the assessments or the information contained in the transcripts of account or Forms 4340. See Nestor v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011