- 9 - at the hearing conducted under section 6330. Sec. 6330(c)(2)(B). Nonetheless, he argues that the notice of deficiency was not signed by someone in authority and was invalid. This position is frivolous and groundless. Nestor v. Commissioner, 118 T.C. 162, 165-166 (2002) (noting that Directors of Service Centers have been delegated the authority to issue notices of deficiency); Koenig v. Commissioner, T.C. Memo. 2003-40 n.4; see Schmith v. Commissioner, T.C. Memo. 2002-252 (taxpayer’s denial of receiving “valid” notice of deficiency did not mean the taxpayer failed to receive notice of deficiency). Verification Requirement We likewise reject petitioner’s argument that the Appeals officer failed to obtain verification from the Secretary that the requirements of all applicable laws and administrative procedures were met as required by section 6330(c)(1). The record shows that the Appeals officer obtained and reviewed a literal transcript of petitioner’s account for 1997, and that she provided this transcript of account to petitioner at his Appeals hearing. The information in this transcript is also contained in the Form 4340, Certificate of Assessments, Payments and Other Specified Matters, that the parties stipulated in evidence. Section 6330(c)(1) does not require the Commissioner to rely on a particular document (e.g., the summary record itself rather than a transcript of account) to satisfy the verification requirementPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011