David A. Lehmann - Page 21

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          copy of pertinent parts of the record of assessment setting forth           
          the taxpayer’s name, the date of assessment, the character of the           
          liability assessed, the taxable period, if applicable, and the              
          amounts assessed.  Sec. 6203; sec. 301.6203-1, Proced. & Admin.             
          Regs.  A taxpayer receiving a copy of Form 4340 has been provided           
          with all the documentation to which he or she is entitled under             
          section 6203 and section 301.6203-1, Proced. & Admin. Regs.                 
          Roberts v. Commissioner, supra at 370 n.7.  This Court likewise             
          has upheld collection action where taxpayers were provided with             
          literal transcripts of account (so-called MFTRAX).  See, e.g.,              
          Frank v. Commissioner, T.C. Memo. 2003-88; Swann v. Commissioner,           
          T.C. Memo. 2003-70.  The January 29, 2003, letter to petitioner             
          from the settlement officer enclosed copies of Forms 4340 for               
          each year.                                                                  
               Petitioner has also denied receiving the “Notices of                   
          Assessment”, presumably alluding to 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 petitioner was sent                  
          notices of balance due for the tax years involved, and petitioner           
          has never denied receiving these notices.                                   







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Last modified: May 25, 2011