- 7 - legitimate claim for relief. Considering all the facts and circumstances, we agree with respondent that the Appeals officer’s decision to preclude petitioner from making an audio recording of the administrative hearing was at most harmless error. Moreover, petitioner has given us no reason to believe that remanding this matter to respondent’s Appeals Office would be productive or otherwise advance the policies underlying section 6330. Consistent with our reasoning in Kemper v. Commissioner, supra, we conclude that a remand is unwarranted.6 The Form 4340 attached to respondent’s motion in this case shows that respondent properly assessed the tax liability that respondent intends to collect and respondent properly notified petitioner of the assessment by way of a notice of balance due. See, e.g., Hughes v. United States, 953 F.2d 531, 536 (9th Cir. 1992). Numerous cases establish that no particular form of verification of an assessment is required, that no particular document need be provided to a taxpayer at an administrative hearing conducted under section 6330, and that a Form 4340 (such as that included in this record) and other transcripts of account 6As previously discussed, petitioner was given every opportunity to file a proper amended petition setting forth a valid claim for relief. However, petitioner failed to comply with the Court’s Order to file an amended petition.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011