- 10 - delegation by the Secretary to the Commissioner, and a redelegation by the Commissioner to the delegated officers and employees.” Hughes v. United States, 953 F.2d 531, 536 (9th Cir. 1992) (citing section 301.7701-9, Proced. & Admin. Regs.). The Internal Revenue Manual, pt. 21.2.3.4.2.1 (Oct. 1, 2002), provides that preparation of Form 4340 is “limited to a few authorized persons only. These employees are in the Compliance and Accounting Branch functions.” The person signing the Form 4340 that related to petitioner’s 1997 tax liability was the accounting branch chief of respondent’s local district office, Kathleen R. Bushnell. Without contradictory evidence, we have no reason to doubt that Ms. Bushnell was authorized to sign the Form 4340. Appeals Officer Kelly stated at the section 6320 hearing (and we have no reason to believe otherwise) that he verified that all statutory, regulatory, and administrative requirements for the collection action involved herein (i.e., the filing of a Federal tax lien) had been met, as required by section 6330(c)(1). Appeals Officer Kelly noted that (1) petitioner failed to file a proper 1997 Federal income tax return; (2) a statutory notice of deficiency was issued; (3) petitioner failed to contest respondent’s determinations as set forth in the notice of deficiency; (4) an assessment of the deficiency was made; (5) proper balance due notices were issued; (6) when petitionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011