Michael Cipolla - Page 10

                                       - 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