- 16 - challenge his underlying liability under the rationale of Montgomery v. Commissioner, 122 T.C. 1, 9 (2004),5 he has at no time offered even a scintilla of evidence that would show error in respondent’s determinations. Since he did not address computation of his 1998 tax liability either at trial or on brief, even a de novo review would not avail petitioner. Moreover, he has now forfeited his chance to suggest any meritorious issues worthy of remand. 3. Review for Abuse of Discretion Petitioner has also made various arguments relating to aspects of the assessment and collection procedures that we review for abuse of discretion. Action constitutes an abuse of discretion under this standard where arbitrary, capricious, or without sound basis in fact or law. Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Federal tax assessments are formally recorded on a record of assessment in accordance with section 6203. The Commissioner is not required to use Form 23C in making an assessment. Roberts v. Commissioner, 118 T.C. at 369-371. Furthermore, section 6330(c)(1) mandates neither that the Appeals officer rely on a particular document in satisfying the verification requirement nor that the Appeals officer actually give the taxpayer a copy of the verification upon which he or she relied. Craig v. 5 Cf. Farley v. Commissioner, T.C. Memo. 2004-168.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011