- 7 - Petitioner next argues that the Appeals officer was required by section 6330(c)(1) to provide him with verification from the Secretary that the requirements of any applicable law or administrative procedures were met. Section 6330(c)(1) requires the Appeals officer to “obtain” such verification, but it does not require the Appeals officer to provide the verification to the taxpayer. Nestor v. Commissioner, supra at 166; sec. 301.6330-1(e)(1), Proced. & Admin. Regs. As stated above, the Appeals officer did review Form 4340 for petitioner’s 1998 account. This was sufficient to fulfill the requirement of section 6330(c)(1). Nestor v. Commissioner, supra at 166. Petitioner next contends that he did not receive a notice and demand for payment for 1998 as required by section 6303(a). However, the Form 4340 reviewed by the Appeals officer showed that a notice of balance due was sent to petitioner on July 9, 2001, and that a notice of intent to levy was sent to petitioner on January 18, 2002. Each of these notices fulfills the notice and demand for payment requirement of section 6303(a). Standifird v. Commissioner, T.C. Memo. 2002-245, affd. 72 Fed. Appx. 729 (9th Cir. 2003); see also Tornichio v. Commissioner, T.C. Memo. 2002-291. C. Section 6673 Penalty At trial, respondent orally moved that the Court impose a penalty under section 6673. Section 6673(a)(1) authorizes thisPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011