- 5 - At trial, the primary focus was on petitioner’s challenge to the underlying tax liability relating to 1977 through 1984. Petitioner stated that respondent failed to “[provide] any evidence of how [he] came up with * * * [the] 4340s” and that the figures in Forms 4340 were “mostly dreamt up by [respondent].” Respondent’s counsel stated that the deficiencies were based “either upon delinquent returns filed by the petitioner or by consent to the assessments.” Respondent’s counsel further stated that petitioner was invited to submit “corrected returns” relating to 1977 through 1984, but she “[did not] know * * * [whether] there was any discussion beyond that.” The Court asked respondent’s counsel why Appeals did not hold another section 6330 hearing in order to allow petitioner an opportunity to raise the underlying tax liability with regard to those tax years. She stated that she “believed” petitioner was allowed to present evidence relating to the underlying tax liability for those tax years. Petitioner stated that he “[did not] believe [respondent]” placed any restrictions on the hearing. The Court then asked respondent’s counsel whether Forms 4340 were used for verification purposes at the hearing. Respondent’s counsel stated that she “[did not] know * * * [if] the appeals officer had the 4340s”, but the deficiencies were determined based on petitioner’s self-assessment of tax liabilities for all years in issue. Respondent’s counsel then informed the Court that thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011