John B. Roberts, Jr., and Jean Roberts - Page 10

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          assessments, unless the taxpayer avers facts sufficient to prove            
          the error, the Appeals officer’s determination may still be                 
          upheld.  Poindexter v. Commissioner, 122 T.C. 280 (2004).                   
          Additionally, the Form 4340, Certificate of Assessments,                    
          Payments, and Other Specified Matters, which was attached to the            
          Certificate of Official Record and admitted into evidence, shows            
          no evidence of payments that would support petitioners’ claim.              
          This Court and other courts have held numerous times that a Form            
          4340 “provides at least presumptive evidence that a tax has been            
          validly assessed under section 6203”.  Davis v. Commissioner, 115           
          T.C. 35, 40 (2000); see also Roberts v. Commissioner, 329 F.3d              
          1224 (11 Cir. 2003), affg. 118 T.C. 365 (2002).  Therefore, it is           
          not an abuse of discretion for Appeals to rely on a Form 4340 in            
          this case for the purpose of complying with section 6330(c)(1).             
          Davis v. Commissioner, supra at 41.                                         
               Petitioners received an appropriate hearing for purposes of            
          section 6330(b)(1).  Day v. Commissioner, T.C. Memo. 2004-30;               
          Leineweber v. Commissioner, T.C. Memo. 2004-17; sec. 301.6330-              
          1(d)(2), Q&A-D6, Proced. & Admin. Regs.  Respondent properly                
          verified that the requirements of applicable law and                        
          administrative procedures were met and balanced the need for                
          efficient collection of taxes with the legitimate concern of                
          petitioners that the collection action be no more intrusive than            
          necessary.  On this record, the Court holds that there was no               






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