- 4 - petitioners. On April 3, 2001, a face-to-face hearing was held with two Appeals officers and petitioners. During the hearing, petitioners were provided with a Form 4340, Certificate of Assessments and Payment, for their 1998 tax year. At the hearing, which was recorded and transcribed, petitioners asked the Appeals officers whether they had obtained verification from the Secretary of the Treasury that the requirements of the applicable laws and procedures had been met. The Appeals officers explained that the requested information was on the Form 4340 provided to petitioners. The Appeals officers also provided petitioners with audit documents reflecting the details underlying the deficiency determination and assessment for 1998. Petitioners then engaged the Appeals officers in a discussion of the assessment and the information contained on Form 4340. Petitioners’ comments during that discussion focused on whether the Commissioner could assess tax if taxpayers did not consent or report the amounts in their returns. Petitioners also questioned the validity of the various notifications they received on the grounds that they were not signed by the Secretary or by some person who it was shown was authorized to do so. They also made the argument that respondent was required to use certain forms and that respondent’s failure to do so rendered notifications to them without effect. Finally, petitioners questioned whether the Appeals officers could “point to” anythingPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011