- 6 - This argument is without merit and has been rejected in the past by this Court. See Nestor v. Commissioner, supra at 167. The Appeals officer provided petitioner with a copy of Form 4340, Certificate of Assessments, Payments and Other Specified Matters, a computer-generated transcript of petitioner’s account. Absent a showing by the taxpayer of some irregularity in the assessment procedure that would raise a question about the validity of the assessments, a Form 4340 is presumptive evidence that a tax has been validly assessed. Davis v. Commissioner, 115 T.C. 35, 40 (2000). Petitioner has not shown, or even alleged, any irregularities in respondent’s assessment procedures that would cast doubt on the accuracy of the Form 4340 or the validity of the assessment. Section 6203 requires the Secretary to provide a record of assessment to a taxpayer upon the taxpayer’s request. Petitioner claims that the Form 4340 provided to him was invalid because it was unsigned. However, a signed Form 4340 for petitioner’s 1998 account is part of the record before us and was provided to petitioner before trial. The delivery of a signed Form 4340 before trial is sufficient to satisfy the requirement of section 6203 that the Secretary provide a record of assessment to the taxpayer upon request. Nestor v. Commissioner, supra at 167. Therefore, respondent has fulfilled the requirements of section 6203.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011