David and Theresa Smeton - Page 14




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              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             
          Form 4340.  See Davis v. Commissioner, supra at 41; Mann v.                 
          Commissioner, T.C. Memo. 2002-48.  Accordingly, we hold that the            
          Appeals officer satisfied the verification requirement of section           
          6330(c)(1).  Cf. Nicklaus v. Commissioner, 117 T.C. 117, 120-121            
          (2001).                                                                     
               Petitioners also contend that they never received a notice             
          and demand for payment for 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 Form 4340 that the Appeals officer relied on during the                 
          administrative process shows that respondent sent petitioners a             
          notice of balance due on the same date that respondent made                 
          assessments against petitioners for the tax and accuracy-related            


               8(...continued)                                                        
          verification at the administrative hearing.  Nestor v.                      
          Commissioner, 118 T.C. 162, 166 (2002).  In any event, in the               
          attachment (Form 3193) to the Notice of Determination, the                  
          Appeals officer states that he provided petitioners with a                  
          Summary Record of Assessment, which they declined to accept                 
          “because the Secretary did not sign it.”                                    





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