Kevin P. Burke - Page 10

                                       - 10 -                                         
          of his underlying tax liabilities for 1993 to 1997 in this                  
          proceeding.  See sec. 6330(c)(2)(B).                                        
               In addition, contrary to petitioner’s position, the Forms              
          4340 offered into evidence at trial show that respondent (1)                
          properly assessed the tax liabilities that respondent intends to            
          collect from petitioner, and (2) properly notified petitioner of            
          those assessments by way of notices of balance due.  See, e.g.,             
          Hughes v. United States, 953 F.2d 531, 535-536 (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           
          satisfy the verification requirements of section 6330(c)(1).  See           
          Roberts v. Commissioner, 118 T.C. 365, 371 n.10 (2002), affd. 329           
          F.3d 1224 (11th Cir. 2003); Nestor v. Commissioner, 118 T.C. 162,           
          166 (2002); Lunsford v. Commissioner, 117 T.C. 183 (2001).                  
              Petitioner has not alleged any irregularity in the                     
          assessment procedure that would raise a question about the                  
          validity of the assessments or the information contained in the             
          Forms 4340.  Moreover, petitioner has failed to raise a spousal             
          defense, make a valid challenge to the appropriateness of                   
          respondent's intended collection action, or offer alternative               







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011