Crevenne C. and Barbara A. Carrillo - Page 26

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          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).                






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