Jason R. Henderson - Page 6

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         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.                                                                        






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