David A. Lehmann - Page 19

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          any way the merits of the deficiencies, despite being warned as             
          follows:                                                                    
               you wanted to record your hearing and were not                         
               permitted to do so, so you didn’t participate in the                   
               hearing.  This trial is being recorded.  This is your                  
               chance, your only chance unless I remand the case, to                  
               present any and all issues that you wish to raise with                 
               respect to your 6330 hearing.  And that will be on the                 
               record.                                                                
          Thus, even a de novo review would not avail petitioner, and,                
          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.                     






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