- 7 - issues raised at the administrative level and issues raised for the first time in the petition. A. Notice of Deficiency Petitioners’ first allegation of error is that the notice of deficiency they received for 1996 and 1997 was invalid because it was not issued in compliance with section 6065, which generally provides that documents or statements required to be made under the internal revenue laws must be subscribed under penalties of perjury. Petitioners’ argument is without merit. The requirements of section 6065 are directed at documents originating with the taxpayer, not respondent. Davis v. Commissioner, 115 T.C. 35, 42 (2000). Therefore, respondent’s failure to sign the notice of deficiency under penalties of perjury does not invalidate it. B. Verification Requirement Petitioners also allege that the Appeals officer failed to satisfy the requirements of section 6330(c)(1), which provides that the Appeals officer must verify that any applicable law or administrative procedure has been met. While the Notice of Determination contains only a general, conclusory statement to the effect that the applicable laws and administrative requirements were met, we have examined certified copies of Forms 4340 covering petitioners’ 1996 and 1997 taxable years, and on that basis we are satisfied that petitioners’ liabilities forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011