- 13 - sustain the Appeals Office determination that the proposed levy should proceed. D. Verification Requirement Under section 6330(c)(1), the Appeals officer is required to investigate and verify that the requirements of any applicable law or administrative procedure have been met. Section 6330(c)(1) does not require the Commissioner to rely on a particular document to satisfy the verification requirement contained therein, and the Appeals officer may generally rely on transcripts of account, see McIntosh v. Commissioner, T.C. Memo. 2003-279, or Forms 4340, see Lunsford v. Commissioner, 117 T.C. 183, 187-188 (2001), to satisfy the verification requirement. See also Kuglin v. Commissioner, T.C. Memo. 2002-51. If the transcripts of account or Forms 4340 reveal irregularities, however, further investigation is required. See, e.g., Huff v. United States, 10 F.3d 1440, 1446 (9th Cir. 1993); Lunsford v. Commissioner, supra. Settlement Officer Stefanski relied solely on transcripts of account to verify that the requirements of any applicable law or administrative procedure have been met. These transcripts showed that an installment agreement was approved on April 3, 2001, for petitioners’ 1992, 1993, and 1994 tax liabilities. Although Settlement Officer Stefanski acknowledged that the 1992 tax liability was included in the installment agreement, hePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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