- 17 -
has upheld collection action where taxpayers were provided with
literal transcripts of account (so-called MFTRAX). See, e.g.,
Frank v. Commissioner, T.C. Memo. 2003-88; Swann v. Commissioner,
T.C. Memo. 2003-70. The December 3, 2003, letter to petitioner
from Mr. Tracy enclosed a copy of Form 4340.
Furthermore, arguments similar to petitioner’s statements
concerning copies of the tax returns from which assessments were
made have been summarily rejected. See, e.g., Bethea v.
Commissioner, T.C. Memo. 2003-278; Fink v. Commissioner, T.C.
Memo. 2003-61. The Court concludes that petitioner’s complaints
regarding the assessments and verification are meritless.
Petitioner has denied receiving the notice and demand for
payment that section 6303(a) establishes should be given within
60 days of the making of an assessment. However, a notice of
balance due constitutes a notice and demand for payment within
the meaning of section 6303(a). Craig v. Commissioner, supra at
262-263. The Form 4340 indicates that petitioner was sent
notices of balance due for the 2000 tax year.
Thus, with respect to those issues enumerated in section
6330(c)(2)(A) and subject to review in collection proceedings for
abuse of discretion, petitioner has not raised any spousal
defenses, valid challenges to the appropriateness of the
collection action, or collection alternatives. As this Court has
noted in earlier cases, Rule 331(b)(4) states that a petition for
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011