- 8 - amount of the underlying tax liability. Sec. 6330(c)(2)(B); Downing v. Commissioner, 118 T.C. 22, 28 (2002). Petitioner challenges the validity of the record of assessment and the underlying tax liability relating to 1977 through 1983. Generally, courts have held that Form 4340 provides at least presumptive evidence that a tax has been validly assessed under section 6203. Farr v. United States, 990 F.2d 451, 454 (9th Cir. 1993); Davis v. Commissioner, supra at 41. The record does not, however, indicate whether respondent based his assessment on delinquent returns filed by petitioner or on signed agreements to the assessments (i.e., Form 870). Respondent did not present any evidence regarding how he determined petitioner’s tax liability. Assessments relating to 1977 through 1983 were not made until October of 1995. See sec. 6501(a). If it is determined that petitioner timely filed returns relating to those years, respondent may have assessed a deficiency after the period of limitations for assessment expired. If petitioner did not file returns, respondent's determination that petitioner received unreported income relating to those years may not be valid because respondent did not present any evidence linking petitioner to the alleged income-producing activity.3 Because petitioner's filing of, or 3 The application of the holding in Weimerskirch v. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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