Louis S. and Laura L. Schnitzler - Page 10




                                       - 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