Richard Allan and Corinne Lucille Balser - Page 13




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          petitioners’ receipt of the refund check is insufficient to show            
          that their outstanding tax liabilities are paid in full.                    
               Respondent presented as evidence certified copies of Forms             
          4340, Certificate of Assessments, Payments and Other Specified              
          Matters, with respect to 1992, 1993, and 1996 to show that                  
          petitioners’ tax liabilities were properly assessed and that the            
          amounts remained outstanding as of September 29, 2003.  A Form              
          4340 satisfies the verification requirements of section                     
          6330(c)(1).  See Burke v. Commissioner, 124 T.C. 189, 195-196               
          (2005).  Petitioners have not alleged any irregularity in the               
          assessment procedure that would raise a question about the                  
          validity of the assessment or the information contained in the              
          Forms 4340.                                                                 
               Petitioners did not submit an offer-in-compromise or offer a           
          collection alternative to the Appeals Office.  At trial,                    
          petitioners’ counsel requested that petitioners be allowed an               
          opportunity to enter into an installment agreement.  Respondent             
          asserts that AO Cleveland raised the possibility of an                      
          installment agreement during the conference.  Petitioners,                  
          however, apparently declined to entertain collection alternatives           
          because they wanted respondent to issue a notice of determination           
          to allow them to come before the Court.                                     
               The Court does not find that a remand is necessary or would            
          be productive.  See Lunsford v. Commissioner, 117 T.C. 183, 188-            







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