- 9 - Section 6330(c)(2)(B) provides that a taxpayer may challenge the existence or amount of his underlying tax liability if the taxpayer “did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.” Because petitioner received a notice of deficiency for 1997, he may not challenge his underlying tax liability for that year in either an Appeals Office hearing or this Court. See id. Petitioner next argues that the assessment against him was invalid. The Appeals officer provided petitioner with a copy of the Form 4340, a computer-generated transcript of petitioner’s account. Absent a showing by the taxpayer of some irregularity in the assessment procedure that would raise a question about the validity of the assessments, a Form 4340 is presumptive evidence that a tax has been validly assessed. Davis v. Commissioner, 115 T.C. 35, 40 (2000). Petitioner has not shown, or even alleged, any irregularities in respondent’s assessment procedures that would cast doubt on the accuracy of the Form 4340 or the validity of the assessment. Petitioner next argues that the Appeals officer did not produce 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 toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011