- 26 - Copies of the certified transcripts have been mailed to you.” 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 petitioners’ complaints regarding the assessments and verification are meritless. Petitioners have 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 Forms 4340 indicate that petitioners were sent such notices of balance due for each of the tax years involved. Petitioners have also attempted to raise section 7401 as a defense. Section 7401 directs that no civil action for, inter alia, collection or recovery of taxes shall be commenced unless authorized or sanctioned by the Secretary. This section has no bearing on the instant proceeding in that the filing of a notice of Federal tax lien under section 6323 and the levying upon property under section 6331 are administrative actions that do not necessitate the institution of a civil suit. United States v. Rodgers, 461 U.S. 677, 682-683 (1983); Yazzie v. Commissioner, T.C. Memo. 2004-233, affd. __ Fed. Appx. __ (9th Cir. 2005).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011