- 10 - Petitioner has not alleged any irregularities with respect to respondent’s assessment procedures, and the Forms 4340 provide at least presumptive evidence that the taxes were validly assessed. Nicklaus v. Commissioner, supra at 121. The Forms 4340 herein contain all the information prescribed in section 301.6203-1, Proced. & Admin. Regs., including identification of the taxpayer, the character of the liability assessed, the taxable period, and the amount of the assessment. The Appeals officer did not abuse his discretion in relying on the Forms 4340 to verify the validity of the assessments. Roberts v. Commissioner, 118 T.C. 365, 371 n.10 (2002); Davis v. Commissioner, 115 T.C. 35, 40 (2000).10 The Forms 4340 show that respondent issued to petitioner notices of balance due for the 1997, 1998, and 1999 tax liabilities on September 18, 2000, June 7, 1999, and June 5, 2000, respectively. The notices of balance due constitute a 10Petitioner contends, however, that the Commissioner does not have authority to determine deficiencies in amounts exceeding those amounts which were reported on a taxpayer’s income tax returns. Presumably, petitioner is relying on the amended returns which he filed and on which he reported no taxes owing. It is clear that the assessments were based on the taxes petitioner reported on his original returns. See sec. 6211(a)(1)(A). Those assessments were valid, and the subsequent filing of amended returns does not result in those assessments’ being invalid. We also reject as frivolous petitioner’s argument that he was not required to file a petition with the Tax Court in order to avoid the assessment of the deficiency determined in the notice of deficiency for 1997. See sec. 6213(c).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011