Opinion

Lunsford v. Comm'r

  • 117 T.C. 183
  • 117 T.C. No. 17
  • 2001 U.S. Tax Ct. LEXIS 49
Court
United States Tax Court
Filed
Nov 30, 2001
Status
Published
Author
Halpern
On the bench
"Ruwe, Robert P.","Halpern, James S.","Colvin, John O.",Laro,"Foley, Maurice B."
Cited by
439 cases
Authority
More cited than 10.1%

upholding use of IRS transcripts for purposes of complying with the verification requirement until the taxpayer provides evidence of irregularity in assessment process

How later courts described this case

  • upholding use of IRS transcripts for purposes of complying with the verification requirement until the taxpayer provides evidence of irregularity in assessment process
  • holding, without explicit consideration of section 7521(a)(1
  • "[T]here may be cases, where taxpayers were not given a proper opportunity for an Appeals hearing, where it will be appropriate for this Court to require that an Appeals hearing be held. However, we do not believe that this should be done where, as in this case, the only arguments that petitioners presented to this Court were based on legal propositions which we have previously rejected."
  • “A certified transcript (Form 4340) reflecting an assessment is presumptive proof of the taxpayer’s (continued...

Written by the judges who cited it.

The opinion

HALPERN, J., concurring: I concur with the result reached by the majority. In my concurring report in Lunsford v. Commissioner, 117 T.C. 159, 169 (2001), I have offered some comments concerning our authority to dictate to respondent the nature of the hearing required by section 6330(b). I incorporate those comments herein by this reference.

Whalen, Beghe, and Thornton, JJ., agree with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.