- 8 - 2002, and that statutory notices of balance due were mailed to petitioner on that date. Absent some showing of irregularity in the Forms 4340, which petitioner has not alleged, those records serve as presumptive evidence that the tax was validly assessed, see Davis v. Commissioner, supra at 40-41, and that notice and demand pursuant to section 6303(a) was mailed to petitioner, see Hansen v. United States, 7 F.3d 137, 138 (9th Cir. 1993); United States v. Chila, 871 F.2d 1015, 1019 (11th Cir. 1989); Craig v. Commissioner, supra at 262-263. Since the evidence in the record demonstrates fulfilment of the requirements of applicable law and administrative procedure that petitioner contends were not satisfied, petitioner’s allegations concerning the verification requirement of section 6330(c)(1) are no bar to summary judgment. B. Collection Where Appeal Pending The remaining issue raised by petitioner concerns the appropriateness of collection action where the underlying tax liability is the subject of a pending appeal. Petitioner argues that respondent should not pursue collection while the appeal of MatrixInfoSys Trust v. Commissioner, supra, is pending.3 3 As noted earlier, on Feb. 14, 2003, the Court of Appeals for the Ninth Circuit in Hromiko v. Commissioner, 56 Fed. Appx. 359 (9th Cir. 2003), affirmed our opinion in MatrixInfoSys Trust v. Commissioner, T.C. Memo. 2001-133, which sustained the underlying tax liabilities that are the subject of the instant collection action. As petitioner’s right to further review in the deficiency proceeding may not be exhausted, we address his contentions on the merits.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011