rr-07-21.pdf

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Part I

Section 6203—Method of Assessment

26 CFR 301.6203-1: Method of assessment
(Also: § 6330)

Rev. Rul. 2007-21

PURPOSE

The Internal Revenue Service (Service) is aware that some taxpayers are
claiming that, before the Service may collect overdue taxes, the Service must provide
taxpayers with a summary record of assessment made on a Form 23C, “Assessment
Certificate-Summary Record of Assessments,” that is signed by an authorized
employee or officer. If a Form 23C is not provided, these taxpayers claim that the
assessment is invalid, and, consequently, that the Service may not collect any taxes
due.
This revenue ruling emphasizes to taxpayers, promoters, and return preparers
that, although an assessment is recorded on a summary record of assessment, such as
the Form 23C or its computer-generated equivalent, the Revenue Accounting Control
System (RACS) Report 006, there is no legal requirement that a summary record of

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assessment be provided to a taxpayer before the Service may proceed with collection
activity. Further, if a taxpayer requests proof that an assessment was made, the
Service is not required to provide any particular form or information in any particular
format to the taxpayer so long as the Service provides the information required by
Treasury Regulation § 301.6203-1 to the taxpayer. Any position to the contrary has no
merit and is frivolous.
The Service is committed to identifying taxpayers who attempt to avoid their
federal tax obligations by taking frivolous positions. The Service will take vigorous
enforcement action against these taxpayers and against promoters and return preparers
who assist taxpayers in taking these frivolous positions. Frivolous returns and other
similar documents submitted to the Service are processed through the Service’s
Frivolous Return Program. As part of this program, the Service determines whether
taxpayers who have taken frivolous positions have filed all required tax returns,
computes the correct amount of tax and interest due, and determines whether civil or
criminal penalties should apply. The Service also determines whether civil or criminal
penalties should apply to return preparers, promoters, and others who assist taxpayers
in taking frivolous positions, and recommends whether an injunction should be sought to
halt these activities. Other information about frivolous tax positions is available on the
Service’s website at www.irs.gov
.
ISSUE
Whether the Service must provide a taxpayer with a summary record of
assessment, such as a Form 23C, before collection may begin.

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FACTS
Taxpayer A argues in a request for a collection due process hearing under
section 6330 or 6320 of the Internal Revenue Code that, pursuant to section 6203 and
Treasury Regulation § 301.6203-1, the Service must first provide the taxpayer with a
summary record of assessment of taxes due before collection action may commence.
Taxpayer A further argues that the record provided must include a Form 23C signed by
an authorized Service official. In response, the Service provides Taxpayer A with a
record of assessment on a Form 4340 (“Certificate of Assessments and Payments”),
MFTRA-X (“Master File Transcript”), or other similar document. Taxpayer A asserts
these forms do not meet the legal requirements and until the Service produces a valid
summary record of assessment, the Service is prohibited from collecting the assessed
liability. According to Taxpayer A, the Appeals Officer conducting the collection due
process hearing, in verifying under section 6330(c)(1) that the Service has complied
with applicable law and procedure, may not rely on anything other than the Form 23C to
determine, for purposes of the section 6330(c)(1) requirement, that a valid assessment
was made.
LAW AND ANALYSIS
Section 6203 states that an assessment of tax (including interest, additions to
tax, and assessable penalties) "shall be made by recording the liability of the taxpayer in
the office of the Secretary in accordance with rules or regulations prescribed by the
Secretary." The section also states that, when requested by a taxpayer, “the Secretary
shall furnish the taxpayer a copy of the record of assessment.” Treasury Regulation

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§ 301.6203-1 specifies that an assessment is made "by an assessment officer signing
the summary record of assessment," which “through supporting records” must include
the "identification of the taxpayer, the character of the liability assessed, the taxable
period, if applicable, and the amount of the assessment." Under the regulation, if a
taxpayer requests a copy of the record of assessment, the Service will give the taxpayer
“a copy of the pertinent parts of the assessment which set forth the name of the
taxpayer, the date of assessment, the character of the liability assessed, the taxable
period, if applicable, and the amounts assessed.” The date of the assessment is the
date the summary record is signed.
There is no requirement in the statute or regulation that the assessment be
recorded on a specific form or that the taxpayer be provided with a certain form as a
record of assessment.
Until its transition to computerized recordkeeping, the Service generally used
Form 23C for the summary record of assessment, but it now uses, except in unusual
circumstances, a computer-generated summary record of assessment known as the
RACS Report 006. Both forms have been recognized as summary records of
assessment within the meaning of section 6203. See
March v. Internal Revenue
Service, 335 F.3d 1186, 1188 (10th Cir. 2003). In Roberts v. Commissioner, 329 F.3d
1224, 1228 (11th Cir. 2003), the taxpayer argued that an assessment was invalid
because the Service did not use Form 23C but instead used RACS Report 006. The
court held that there was nothing in the law to show that the use of the RACS report
was not in compliance with the statute and the regulation. The RACS report and the

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Form 23C are both signed by an assessment officer. The RACS report, like the Form
23C, provides, when coupled with “supporting records,” the information set forth in
Treasury Regulation § 301.6203-1.
In response to a taxpayer's request under section 6203 and the regulation for “a
copy of the record of assessment,” the Service is not required to provide any particular
form or document and may choose among documents that contain the items of
information listed in the regulation. Instead of a RACS report 006, which does not break
out individual taxpayer information, the Service may provide Form 4340, “Certificate of
Assessments and Payments,” or a MFTRA-X transcript (literal or plain-language
transcript) of the taxpayer’s account, either of which sets forth all of the information
required by the regulation, because each identifies the taxpayer, states the character of
the liabilities assessed, the tax period giving rise to the assessment, the amount of the
assessment, and the date of assessment. See
Goodman v. United States, 185 Fed.
Appx. 725, 728 (10th Cir. 2006); Roberts, 329 F.3d at 1228; Carillo v. Commissioner,
T.C. Memo. 2005-290; Michael v. Commissioner
, T.C. Memo. 2003-26. In addition, an
Appeals Officer is not required to obtain a Form 23C or other particular document in a
collection due process hearing and may rely on a Form 4340 or MFTRA-X transcript to
verify the validity of the assessment for purposes of section 6330(c)(1). See Nestor v.
Commissioner, 118 T.C. 162 (2002); Perez v. Commissioner, T.C. Memo. 2002-274.
HOLDING
The Service is not required to provide Taxpayer A with a summary record of
assessment before collecting any taxes due. An assessment is not invalid, and

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collection is not precluded, because the Service has not provided a summary record of
assessment to the taxpayer.
Additionally, Taxpayer A’s claim that the Service must produce a Form 23C or
other record of assessment as proof of assessment is frivolous. If a taxpayer requests
a copy of the record of assessment, the Service may produce the information in any
form or format, provided the summary produced contains the information required by
Treasury Regulation § 301.6203-1. Acceptable copies of the record of assessment
include, but are not limited to, Forms 4340 and MFTRA-X transcripts. Further, the Form
4340, MFTRA-X transcript, or other similar documents may be used in a collection due
process proceeding to verify the validity of an assessment under section 6330(c)(1).
The Service will challenge the claims of individuals who improperly attempt to
avoid or evade their federal tax liability.

CIVIL AND CRIMINAL PENALTIES

The position described above, that the Service must provide a taxpayer with a
summary record of assessment, such as a Form 23C, before collection or must provide
a Form 23C in any collection proceeding is a frivolous position under section 6702. The
Service will challenge the claims of individuals who attempt to improperly avoid or
evade their federal tax liability. In addition to liability for the tax due plus statutory
interest, taxpayers who insist upon receiving a Form 23C before complying with their tax
obligations face substantial civil and criminal penalties. Potentially applicable civil
penalties include: (1) the section 6702(b) $5,000 penalty for submitting a “specified

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frivolous submission”; (2) the section 6651(a)(3) addition to tax for failure to pay the tax
owed; and (3) the section 6673 penalty of up to $25,000 if the taxpayer makes frivolous
arguments in the United States Tax Court.
Taxpayers relying on this frivolous position also may face criminal prosecution
under section 7201 for attempting to evade or defeat tax, the penalty for which is a
significant fine and imprisonment for up to 5 years, or prosecution under other federal
laws as applicable.
DRAFTING INFORMATION
This revenue ruling was authored by the Office of Associate Chief Counsel
(Procedure & Administration), Administrative Provisions and Judicial Practice Division.
For further information regarding this revenue ruling, contact that office at (202) 622-
7950 (not a toll-free call).