530 F. App'x 832

Ron A. REDDICK, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

No. 12-9014.

United States Court of Appeals, Tenth Circuit.

Aug. 13, 2013.

Ron A. Reddick, Colorado Springs, CO, pro se.

Curtis Clarence Pett, Gilbert Steven Rothenberg, Esq., U.S. Department of Justice, Washington, DC, for Respondent-Appellee.

Before HOLMES, HOLLOWAY, and BACHARACH, Circuit Judges.

ORDER AND JUDGMENT*

JEROME A. HOLMES, Circuit Judge.

Ron A. Reddick has filed a petition for review of the Tax Court’s decision sustaining the Commissioner of Internal Revenue’s proposed levy to collect unpaid fed*833eral income tax liabilities, penalties, and interest from him for the 2006 tax year. Exercising jurisdiction under 26 U.S.C. § 7482(a)(1), we deny the petition for review and affirm the Tax Court.

For the reasons set forth in the Commissioner’s response brief, Mr. Reddick’s arguments challenging the Commissioner’s tax assessments based on alleged defects related to the Form 4340 are without merit, see Aplee. Br. at 12-16, and they deserve no further comment given this court’s decisions in Ford v. Pryor, 552 F.3d 1174, 1178-79 (10th Cir.2008) (holding that a Form 4340 is presumptive proof of a valid assessment); March v. IRS, 335 F.3d 1186, 1187-89 (10th Cir.2003) (same); Taylor v. IRS, 69 F.3d 411, 419 (10th Cir.1995) (same); and Guthrie v. Sawyer, 970 F.2d 733, 737-38 (10th Cir.1992) (same). Because Mr. Reddick failed to pay the income tax liability that he himself reported on his untimely 2006 tax returns, we also agree with the Commissioner that there was no requirement to issue a notice of deficiency before attempting to collect the late-filing penalty imposed under 26 U.S.C. § 6651(a)(1). See Aplee. Br. at 16-19. Finally, as pointed out by the Commissioner, Mr. Reddick’s appellate arguments concerning the penalty are so vague and conclusory that they do not merit consideration, and he waived his apparent challenge to the assessment of accrued interest by failing to assert that challenge in the Tax Court.

The petition for review is denied.

Reddick v. Commissioner
530 F. App'x 832

Case Details

Name
Reddick v. Commissioner
Decision Date
Aug 13, 2013
Citations

530 F. App'x 832

Jurisdiction
United States

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