Jason R. Henderson - Page 7

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              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 this              






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