- 10 - imposed therein. See Roberts v. Commissioner, 118 T.C. 365, 371 n.10, and cases cited thereat; Standifird v. Commissioner, T.C. Memo. 2002-245, affd. 72 Fed. Appx. 729 (9th Cir. 2003); Weishan v. Commissioner, T.C. Memo. 2002-88. In this regard we note that the transcript provided all the information prescribed in section 301.6203-1, Proced. & Admin. Regs. See Weishan v. Commissioner, supra; Lindsey v. Commissioner, T.C. Memo. 2002-87, affd. 56 Fed. Appx. 802 (9th Cir. 2003).3 Petitioner has not raised any irregularity in the assessment procedure that would raise a legitimate question about the validity of the assessment or the information contained in the transcript and the Form 4340. Accordingly, we conclude that the Appeals officer here satisfied the verification requirement of section 6330(c)(1). Notice and Demand We similarly reject petitioner’s argument that he never received a notice and demand for payment of his unpaid tax liability for 1997. The Form 4340 shows that respondent sent 3 As indicated above, the Appeals officer provided petitioner at his Appeals hearing with the literal transcript of his account that she reviewed. Sec. 6330(c)(1) does not even require an Appeals officer, at or prior to a collection due process hearing, to give the taxpayer a copy of the verification that the requirements of any applicable law or administrative procedure have been met. Sec. 301.6330-1(e)(1), Proced. & Admin. Regs., requires that the Appeals officer obtain verification before issuing the determination, not that he or she provide it to the taxpayer. Nestor v. Commissioner, 118 T.C. 162, 166-167 (2002).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011