Curtis J.L. McIntosh - Page 12

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          trustworthiness.  We are unpersuaded by petitioner’s arguments in           
          this regard.4                                                               
               We conclude that the various transcripts and other materials           
          in the administrative file, as well as the District Court’s                 
          opinion in McIntosh v. United States, 82 AFTR 2d 89-6501 (S.D.              
          Ohio 1998), and the various Forms 4340 in evidence establish that           
          respondent properly assessed petitioner’s 1990 tax liability.               
          Petitioner has not shown any irregularity in respondent’s                   
          assessment procedures that raises a question about the validity             
          of the 1990 assessment.                                                     
               In contesting the Appeals Office determination that the                
          legal and procedural requirements for 1990 have been met, the               
          only specific issues that petitioner has raised in this                     
          proceeding relate to his contentions that notice and demand was             
          not sent to his last known address and that his 1990 tax                    
          liability has previously been extinguished.  As discussed in                

               4  For example, petitioner contends that, contrary to                  
          information contained in the Forms 4340, notice and demand was              
          not timely sent to his last known address–-a contention that we             
          address and reject in Sec. C of this opinion.  As another                   
          example, petitioner notes that his most recently received Form              
          4340, dated Oct. 4, 2002, fails to list the final notice of                 
          intent to levy that he received in late September 1993.  There is           
          nothing to suggest, however, that the issuance of a final notice            
          of intent to levy is an event that the Commissioner always                  
          records in a Form 4340.  Cf. Keene v. Commissioner, T.C. Memo.              
          2002-277 (omission of issuance of notice of deficiency from a               
          Form 4340 did not render the Form 4340 suspect).  In any event,             
          the final notice of intent to levy is part of the administrative            
          file that the Appeals officer relied upon in making his                     
          determination.                                                              





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