Kent E. Hovind - Page 11

                                        -11-                                          
               A U.S. Postal Service Form 3877 certified mailing list                 
          reflecting delivery of a document by respondent to the Postal               
          Service represents direct evidence of the date and fact of                  
          mailing.  Magazine v. Commissioner, supra.                                  
               Generally, courts have held that a Form 4340 transcript of             
          account provides at least presumptive evidence that a tax has               
          been validly assessed under section 6203, unless irregularities             
          are evident that raise a question as to the accuracy of the                 
          Form 4340.  Davis v. Commissioner, 115 T.C. 35, 41 (2000).                  
               Where the validity of the underlying tax liability is not              
          properly at issue, a court under section 6330 will review the               
          administrative determination of the Appeals officer only for an             
          abuse of discretion.  Sego v. Commissioner, 114 T.C. 604, 610               
          (2000).                                                                     
               Petitioner argues that respondent’s proposed levy action is            
          inappropriate because his correct tax liability for each of 1995,           
          1996, and 1997 is zero.  Petitioner argues that he received                 
          neither respondent’s notice of jeopardy assessments nor the                 
          notice of deficiency relating to his 1995, 1996, and 1997 Federal           
          income taxes, and petitioner therefore argues that he has not had           
          an opportunity to challenge the existence and amount of the                 
          underlying tax deficiencies determined by respondent.  Petitioner           
          seeks to do so in this proceeding.                                          







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Last modified: May 25, 2011