- 16 - deficiency is sent.11 See Freije v. Commissioner, 125 T.C. 14, 35-36 (2005). As we previously noted, section 6330(c)(1) requires an officer who is presiding over a section 6330 hearing to “obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met.” The record before us clearly establishes that the hearing officer in this case did not receive verification that a critical legal requirement for a valid 2000 assessment had been met. She did not personally verify, or receive any verification from the Secretary or his designee, that a notice of deficiency had been sent to petitioner for 2000. Absent such verification, it was impossible for the hearing officer to properly conclude, as required by section 6330(c)(1), that applicable legal and 11 Sec. 6213(a) provides, in pertinent part: Except as otherwise provided in section 6851, 6852, or 6861 no assessment of a deficiency * * * and no levy or proceeding in court for its collection shall be made, begun, or prosecuted until such notice has been mailed to the taxpayer, nor until the expiration of such 90- day or 150-day period, as the case may be, nor, if a petition has been filed with the Tax Court, until the decision of the Tax Court has become final. Notwithstanding the provisions of section 7421(a), the making of such assessment or the beginning of such proceeding or levy during the time such prohibition is in force may be enjoined by a proceeding in the proper court, including the Tax Court, and a refund may be ordered by such court of any amount collected within the period during which the Secretary is prohibited from collecting by levy or through a proceeding in court under the provisions of this subsection.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007