William G. Koenig - Page 18




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                    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.                 
               * * *                                                                  
          In particular, Form 4340 shows that respondent sent petitioner a            
          notice of balance due on the same date that respondent made the             
          assessment against petitioner for the tax and accuracy-related              
          penalty determined in the notice of deficiency.  A notice of                
          balance due constitutes a notice and demand for payment within              
          the meaning of section 6303(a).  See, e.g., Hughes v. United                
          States, 953 F.2d 531, 536 (9th Cir. 1992); Schaper v.                       
          Commissioner, T.C. Memo. 2002-203; Weishan v. Commissioner,                 
          supra; see also Hansen v. United States, 7 F.3d 137, 138 (9th               
          Cir. 1993).  In addition, other notices were sent to petitioner,            
          at least one of which (the notice of tax lien filing, discussed             
          supra Background, “C”) petitioner admittedly received; likewise,            
          petitioner received the Form 4340.  Such notice and form were               
          sufficient to constitute notice and demand within the meaning of            
          section 6303(a) because they informed petitioner of the amount              
          owed and requested payment.  Standifird v. Commissioner, supra;             
          Hack v. Commissioner, T.C. Memo. 2002-244; Hack v. Commissioner,            
          T.C. Memo. 2002-243; see Elias v. Connett, 908 F.2d 521, 525 (9th           
          Cir. 1990) (“The form on which a notice of assessment and demand            
          for payment is made is irrelevant as long as it provides the                






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