Peter D. Dahlin Attorney at Law, P.S. - Page 12




                                       - 12 -                                         
          that the Appeals officer rely on a particular document in                   
          satisfying the verification requirement nor that the Appeals                
          officer actually give the taxpayer a copy of the verification               
          upon which he or she relied.  Craig v. Commissioner, 119 T.C.               
          252, 262 (2002); Nestor v. Commissioner, 118 T.C. 162, 166                  
          (2002).                                                                     
               A Form 4340, for instance, constitutes presumptive evidence            
          that a tax has been validly assessed pursuant to section 6203.              
          Davis v. Commissioner, 115 T.C. 35, 40 (2000) (and cases cited              
          thereat).  Consequently, absent a showing by the taxpayer of some           
          irregularity in the assessment procedure that would raise a                 
          question about the validity of the assessments, a Form 4340                 
          reflecting that tax liabilities were assessed and remain unpaid             
          is sufficient to support collection under section 6330.  Id. at             
          40-41.  This Court has specifically held that it is not an abuse            
          of discretion for an Appeals officer to rely on Form 4340 to                
          comply with section 6330(c)(1).  Nestor v. Commissioner, supra;             
          Davis v. Commissioner, supra at 41.  Similarly, it is not an                
          abuse of discretion for an Appeals officer to rely on a computer            
          transcript of account to comply with section 6330(c)(1).                    
          Schroeder v. Commissioner, T.C. Memo. 2002-190; Mann v.                     
          Commissioner, T.C. Memo. 2002-48.                                           
               Ms. Derrick relied on computer transcripts of petitioner’s             
          account in verifying that all applicable law and administrative             







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 10, 2007