Peter D. Dahlin Attorney at Law, P.S. - Page 11




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          below, that it should have been provided with a Form 4340 that              
          contained a 23C date.                                                       
               It appears that petitioner’s claim does not require a                  
          determination under section 6330(c)(2)(B) relating to the                   
          existence or amount of the underlying tax liability entitled to             
          de novo review, but rather it requires a section 6330(c)(2)(A)              
          determination relating to an “unpaid tax” subject to review for             
          abuse of discretion.8  Accordingly, the Court will review the               
          administrative record of the levy for an abuse of discretion.9              
          An abuse of discretion has occurred if the “Commissioner                    
          exercised * * * [his] discretion arbitrarily, capriciously, or              
          without sound basis in fact or law.”  Woodral v. Commissioner,              
          112 T.C. 19, 23 (1999).                                                     
               Federal tax assessments are formally recorded on a record of           
          assessment in accordance with section 6203.  The Commissioner is            
          not required to use Form 23C in making an assessment.  Roberts v.           
          Commissioner, 118 T.C. 365, 371 (2002), affd. 329 F.3d 1224 (11th           
          Cir. 2003).  Furthermore, section 6330(c)(1) mandates neither               

               8Petitioner expressed concern with the calculation of                  
          interest on its Federal corporate income tax.  The Court notes              
          that its authority to redetermine interest, pursuant to sec. 7481           
          and Rule 261, is based on a chronology that places the resolution           
          of unpaid interest on a deficiency after the entry of decision.             
          Accordingly, the Court lacks jurisdiction to redetermine interest           
          at this time.                                                               
               9The Court notes that it would also sustain respondent’s               
          determination to proceed with collection action even under a de             
          novo standard of review.                                                    






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