- 5 - that the appeals officer have at the “Due Process Hearing” a copy of the “Summary Record of Assessment” (Form 23C) together with the “pertinent parts of the assessment which set forth the name of the taxpayer, the date of the assessment, the character of the liability assessed, the taxable period, and the amount assessed” as provided for in Treas. Reg. 301.6203-1. Also you are reminded that the Section 6330(c)(1) [sic] REQUIRES you to have “verification from the Secretary (or someone with delegated authority from him) that the requirements of any applicable law or administrative procedures have been met.” So unless you have, at the very least, that document, you should not even schedule a Due Process Hearing. In addition, don’t tell me at the hearing that any requested and/or required documents will be “sent to me later.” I expect that you will have all of these documents with you at the hearing. Also, I am again reiterating my request that if you claim an assessment was made, I expect that you will have at the Due Process Hearing a copy of the return from which the assessment was made. A hearing was held on February 22, 2002.4 In that proceeding, petitioner did not propose any collection alternatives. Instead, petitioner insisted repeatedly that the Appeals officer present to him a “pocket commission”5 and demanded to see the statutory notice and demand for payment and “the verification” of the Secretary or his delegate. The Appeals officer used Forms 4340, Certificate of Assessments and Payments, to verify that the taxes were properly assessed and were unpaid 4The Appeals hearing was transcribed by a court reporter. The transcript is a part of the record before us. 5See Organization, Finance, and Management, Internal Revenue Manual, handbk. 1.16.4, ch. 3 (Feb. 19, 1999).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011