- 5 - The underlying tax liability cannot be challenged at the Collection Due Process hearing. The underlying assessment is valid and I am enclosing a Form 4340 “Certificate of Assessments, Payments, and Other Specific Matters” which verifies the assessment is valid. A “Summary Record of Assessment” (23C) is not necessary to verify an assessment. The United States Tax Court has held that the Form 4340 is sufficient to verify an assessment. If you want a Collection Due Process hearing to discuss collection alternatives to the lien, please call me on or before November 9th. The arguments you raised in your Collection Due Process request are not arguments that can or will be discussed at the hearing. If I do not hear from you by November 9th, I will assume you do not wish a hearing. I will conduct the hearing based on the case file and issue you a final determination letter. Substantial correspondence between petitioner and Appeals Officer Kelly then followed. Ultimately, on February 5, 2002, the hearing granted under section 6320 (a section 6320 hearing) was held. Present at that hearing were petitioner, petitioner’s wife (Wendy Zapert) acting under a power of attorney, Appeals Officer Kelly, and a court reporter who was present at petitioner’s request. Appeals Officer Kelly began the section 6320 hearing by summarizing the purpose for the hearing and stating the events leading to petitioner’s being informed of the notice of the filing of a tax lien. Appeals Officer Kelly stated that he “verified by the review of the entire record that all statutory, regulatory and administrative requirements for the collection action has [sic] been met.” He asked whetherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011