March v. Internal Revenue Serv., 335 F.3d 1186 (10th Cir. 2003). · Go Syfert
March v. Internal Revenue Serv., 335 F.3d 1186 (10th Cir. 2003). Cases Citing This Book View Copy Cite
72 citation events (72 in the last 25 years) across 15 distinct courts.
Strongest positive: United States v. Loyo (utd, 2025-04-21)
Treatment trajectory · 2004 → 2026 · click a year to view as-of
2004 2015 2026
Top citers, strongest first. 33 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Loyo
D. Utah · 2025 · confidence medium
Summary Record Assessments, such as a Form 4340 as included in ECF No. 11-1, are “presumptive proof of a valid assessment.” Ford v. Pryor, 552 F.3d 1174, 1179 (10th Cir. 2008) (quoting Mar. v. I.R.S., 335 F.3d 1186, 1188 (10th Cir. 2003)). the Treasury has made an assessment for these tax liabilities totaling $59,591.90 as of October 24, 2024.6 The United States alleges that Mr. and Mrs. Loyo filed their Form 1040 personal income tax returns for 2013 and 2014; however, they did not pay their income tax liability in full as reported on these returns.7 A delegate of the Secretary of the Trea…
discussed Cited as authority (rule) United States v. Jones
10th Cir. · 2024 · confidence medium
This provided “presumptive proof of a valid assessment.” March v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003) (internal quotation marks omitted); see also Long v. United States, 972 F.2d 1174, 1181 (10th Cir. 1992) (“For purposes of granting summary judgment, judgment, the district court rejected the Joneses’ arguments for the same reasons it denied them leave to amend.
discussed Cited as authority (rule) United States v. Travis
D.N.M. · 2024 · confidence medium
Ford v. Pryor, 552 F.3d 1174, 1178-79 (10th Cir. 2008) (“[A] Summary Record Assessment, provided on Form 4340, is ‘presumptive proof of a valid assessment.’”) (quoting March v. Internal Revenue Serv., 335 F.3d 1186, 1188 (10th Cir. 2003)); Perez v. United States, 312 F.3d 191, 195 (5th Cir. 2002) (“[U]nder the Federal Rules of Evidence, IRS Form 4340 constitutes valid evidence of a taxpayer’s assessed liabilities and the IRS’s notice thereof.”); Hughes v. United States, 953 F.2d 531, 535 (9th Cir. 1992) (“Official certificates, such as Form 4340, can constitute proof of the f…
examined Cited as authority (rule) United States v. Yennie (4×) also: Cited "see, e.g."
D. Minnesota · 2022 · confidence medium
Here, the United States relies on evidence that the IRS has calculated Joseph Yennie’s tax liability, including statutory interest and penalties through March 11, 2022 , to equal $189,464.01.
discussed Cited as authority (rule) United States v. Howe (2×)
D. Idaho · 2022 · confidence medium
Addressing the motion on the merits, the Government explains that it produced copies of Howe’s substitute returns, statutory notices of deficiency, examination reports, Forms 4340, and account transcripts, but 13 An IRS tax assessment is a bookkeeping entry made by the Internal Revenue Service when an IRS assessment officer signs a summary record of assessment, with supporting records describing the taxpayer’s name and address, the character of the assessed liability, the taxable period, and the amount of the assessment. 26 C.F.R. § 301.6203-1 ; March v. I.R.S., 335 F.3d 1186, 1187-88 (10…
discussed Cited as authority (rule) United States v. Mattine
D.N.M. · 2021 · confidence medium
Moreover, Forms 4340 “carry a presumption of correctness and are routinely used to prove that a tax assessment has been made.” Id. (citing March v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003); Guthrie v. Sawyer, 970 F.2d 733, 737 (10th Cir. 1992)).
discussed Cited as authority (rule) United States v. Tebedo
D. Colo. · 2020 · confidence medium
Here, the government has documented the assessments at issue with IRS Forms 4340 (Certificate of Payments, Assessments, and Other Specified Matters) (Motion App., Exh 2 (Olson Decl.) ¶¶ 4-8 & Exh. 4), which carry a presumption of correctness and are routinely used to prove a valid tax assessment has been made, Ford v. Pryor, 552 F.3d 1174, 1178-79 (10th Cir. 2008); March v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003), cert. denied, 124 S.Ct. 2110 (2004).5 These forms are sufficient proof of the amount of taxes owed and that assessment was made in the manner prescribed by law.
examined Cited as authority (rule) Lunnon v. United States (4×) also: Cited "see, e.g."
D.N.M. · 2020 · confidence medium
March v. I.R.S., 335 F.3d at 1186, 1188 (10th Cir. 2003).
cited Cited as authority (rule) United States v. Bauer
D. Colo. · 2020 · confidence medium
As a result, Form 4340 is “presumptive proof of a valid assessment.” Id. at 1179 (quoting March v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003).
cited Cited as authority (rule) Scott T. Blackburn v. Commissioner
Tax Ct. · 2018 · confidence medium
March v. United States, 335 F.3d 1186, 1188 (10th Cir. 2003).
cited Cited as authority (rule) United States v. Appelbaum
W.D.N.C. · 2014 · confidence medium
March v. I.R.S., 335 F.3d 1186, 1188-89 (10th Cir.2003) (stating that electronic RACS Reports are predominantly used now).
discussed Cited as authority (rule) Reddick v. Commissioner
10th Cir. · 2013 · confidence medium
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).
examined Cited as authority (rule) United States v. Poteet (5×)
D.N.M. · 2011 · confidence medium
See United States v. Fior D’Italia, Inc., 536 U.S. 238, 242 , 122 S.Ct. 2117 , 153 L.Ed.2d 280 (2002)(“It is well established in the tax law that an assessment is entitled to a legal presumption of correctness — a presumption that can help the Government prove its case against a taxpayer in court.” (citing United States v. Janis, 428 U.S. 433, 440 , 96 S.Ct. 3021 , 49 L.Ed.2d 1046 (1976)); Palmer v. IRS, 116 F.3d 1309 , 1312 (9th Cir.1997); Psaty v. United States, 442 F.2d 1154, 1160 (3d Cir.1971); United States v. Lease, 346 F.2d 696, 700 (2d Cir.1965)); Ford v. Pryor, 552 F.3d 1174, …
cited Cited as authority (rule) United States v. Wesselman
7th Cir. · 2010 · confidence medium
March v. Internal Revenue Serv., 335 F.3d 1186, 1187-88 (10th Cir .2003); Roberts v. Comm’r., 329 F.3d 1224, 1228 (11th Cir.2003); Geiselman v. United States, 961 F.2d 1, 5-6 (1st Cir.1992).
discussed Cited as authority (rule) United States v. Thomas (2×) also: Cited "see, e.g."
D. Me. · 2009 · confidence medium
The Tenth Circuit explained in March v. Internal Revenue Service that the “IRS has historically used Form 23C as the ‘Summary Record of Assessments’ or ‘Assessment Certificate’ as explained in the [IRS] Manual”; however, “no regulation or statute requires that the ‘copy of the record of assessment’ mentioned in 26 U.S.C. § 6203 be made on Form 23C.” 335 F.3d 1186, 1188 (10th Cir.2003).
discussed Cited as authority (rule) Ford v. Pryor (2×)
10th Cir. · 2008 · confidence medium
Courts, including this one, have held that a Summary Record Assessment, provided on *1179 Form 4340, is “presumptive proof of a valid assessment.” March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003) (quotation omitted) (collecting cases).
cited Cited as authority (rule) Intersport Fashions West, Inc. v. United States
Fed. Cl. · 2008 · confidence medium
The purpose of the regulations is to ensure both the efficiency and the accuracy of the assessment process.” March v. IRS, (March), 335 F.3d 1186, 1188 (10th Cir.2003).
discussed Cited as authority (rule) Wilson v. United States (In Re WILSON) (2×)
Bankr.D. Colo. · 2008 · confidence medium
The Tenth Circuit Court of Appeals has held Form 4340 meets the requirements of the Treasury Regulation as long as it is “validly executed and certified.” March v. Internal Revenue Service, 335 F.3d 1186, 1188-89 (10th Cir.2003).
discussed Cited as authority (rule) United States v. Chisum
10th Cir. · 2007 · confidence medium
But “certified transcripts”- — -what the IRS calls “Certificate^] of Assessments”— were admitted at trial, R., Vol. 4 at 96, 97, and are sufficient to establish the propriety of tax assessments in the absence of conflicting evidence, see March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003) (observing that “Certificates of Assessments and Payments on Form 4340” constitute “presumptive proof of a valid assessment” (internal quotation marks omitted)); United States v. Voorhies, 658 F.2d 710, 715 (9th Cir.1981) (recognizing the presumption in a tax-evasion case).
discussed Cited as authority (rule) Goodman v. United States (2×) also: Cited "see, e.g."
10th Cir. · 2006 · confidence medium
March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003); see also Roberts v. Comm’r, 329 F.3d 1224, 1228 (11th Cir.2003).
discussed Cited as authority (rule) Goodman v. United States (2×) also: Cited "see, e.g."
10th Cir. · 2006 · confidence medium
M arch v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003); see also Roberts v. Comm’r, 329 F.3d 1224, 1228 (11th Cir. 2003).
discussed Cited "see" Sharp v. Cox (2×) also: Cited "see, e.g."
10th Cir. · 2026 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1189 (10th Cir. 2003); see also U.S. Aviation Underwriters, Inc. v. Pilatus Bus.
cited Cited "see" Lunnon v. United States
D.N.M. · 2021 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003); see also Guthrie, 970 F.2d at 737 .
discussed Cited "see" United States v. Paul Basile
3rd Cir. · 2015 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003); see also Gentry v. United States, 962 F.2d 555, 558 (6th Cir.1992); Geiselman v. United States, 961 F.2d 1, 6 (1st Cir.1992) (per curiam). 2 *77 Accordingly, we will affirm the District Court’s judgment. * This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent. 1 .
cited Cited "see" Tucker v. Commissioner
3rd Cir. · 2012 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1188 (10th Cir.2003) (“Historically, the document reviewed and signed by the assessment officer has been Form 23C”).
discussed Cited "see" United States v. Rupe (2×) also: Cited "see, e.g."
5th Cir. · 2009 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1188-189 (10th Cir.2003); Roberts v. C.I.R., 329 F.3d 1224, 1228 (11th Cir.2003).
cited Cited "see" United States v. Dawes
10th Cir. · 2005 · signal: see · confidence high
See March v. IRS, 335 F.3d 1186, 1189 (10th Cir.2003).
cited Cited "see, e.g." Morton v. Comm'r
Tax Ct. · 2016 · signal: see, e.g. · confidence low
See, e.g., March v. IRS , 335 F.3d 1186 , 1188 (10th Cir. 2003) ; Roberts v. Commissioner , 118 T.C. 365 , 370-371 (2002) , aff'd , 329 F.3d 1224 (11th Cir. 2003) .
cited Cited "see, e.g." Berglund v. Commissioner
Tax Ct. · 2015 · signal: see, e.g. · confidence low
See, e.g., March , 335 F.3d at 1188 -1189 ; Roberts v. Commissioner , 118 T.C. at 370 n.8 .
cited Cited "see, e.g." Howard E. May & Estate of Judith A. May v. Comm'r
Tax Ct. · 2014 · signal: see, e.g. · confidence low
See, e.g., March v. IRS , 335 F.3d 1186 , *205 1188 (10th Cir. 2003); Roberts v. Commissioner , 118 T.C. 365 , 369-371 (2002) , aff'd , 329 F.3d 1224 (11th Cir. 2003) .
cited Cited "see, e.g." Best v. Comm'r
Tax Ct. · 2014 · signal: see, e.g. · confidence low
See, e.g., March v. IRS , 335 F.3d 1186 , 1188 (10th Cir. 2003) ; Roberts v. Commissioner , 118 T.C. 365 (2002) , aff'd , 329 F.3d 1224 (11th Cir. 2003) .
cited Cited "see, e.g." Leonard L. Best & Evelyn R. Best v. Commissioner
Tax Ct. · 2014 · signal: see, e.g. · confidence medium
See, e.g., March v. IRS, 335 F.3d 1186, 1188 (10th Cir. 2003); Roberts v. Commissioner, 118 T.C. 365 (2002), aff'd, 329 F.3d 1224 (11th Cir. 2003).
discussed Cited "see, e.g." Carothers v. Comm'r
unknown court · 2013 · signal: see also · confidence low
Nestor v. Commissioner , 118 T.C. 162 , 166-167 (2002) ; see also March v. IRS , 335 F.3d 1186 , 1188 (10th Cir. 2003) (holding that the computer-generated certificate of assessment satisfied the regulatory requirements); Cox v. Commissioner , 126 T.C. 237 , 255 (2006) (holding the verification requirement to be met "where the Appeals officer had secured formal or informal transcripts showing both that the subject taxes were properly assessed and that the taxpayer had been notified of those assessments through issuance of notices of balance due"), rev'd on other grounds , 514 F.3d 1119 ↩ (10…
Retrieving the full opinion text from the archive…
Brian Homer MARCH and Victoria Baca March, Plaintiffs-Appellants,
v.
INTERNAL REVENUE SERVICE, Defendant-Appellee
02-2087.
Court of Appeals for the Tenth Circuit.
Jul 15, 2003.
335 F.3d 1186
Submitted on the briefs: * Paul F. Becht of the Becht Law Firm, Albuquerque, NM, for Plaintiffs-Appellants., David C. Iglesias, United States Attorney, and Manuel Lucero, Assistant U.S. Attorney, District of New Mexico, Albuquerque, NM, for DefendanL-Appellee.
Kelly, McKAY, Murphy.
Cited by 34 opinions  |  Published
McKAY, Circuit Judge.

We originally filed an opinion in this case on February 25, 2003. Appellee Internal Revenue Service subsequently filed a Motion to Amend Opinion and Appellants filed a Response to Appellee’s Motion to Amend Opinion. We construe both Ap-pellee’s motion and Appellants’ response as motions for rehearing and grant them to the extent necessary to clarify our discussion of the procedures and forms used by the IRS. Having reviewed the issues raised in the motion, we hereby vacate our opinion filed on February 25, 2003, and substitute this opinion to clarify that Form RACS 006 satisfies the statutory and regulatory notice requirements. The petitions for rehearing are in all other respects denied.

This is a review of a decision by the bankruptcy court denying Appellants’ objection to the IRS’s proof of claim for unpaid taxes. The facts, as found by the bankruptcy court and unchallenged by Appellants, indicate that Appellants did not file a tax return or pay income tax for the years 1992 through 1997. As part of Appellants’ bankruptcy proceeding, the IRS filed a proof of claim for unpaid taxes. Appellants objected to the proof of claim, arguing that the IRS failed to comply with certain requirements of the Internal Revenue Code and Treasury Regulations. The bankruptcy court dismissed the objections. On appeal, the district court adopted the recommendation of the magistrate judge, and dismissed the appeal.

On appeal to this court, Appellants make two claims: (1) that Appellants were never served with the requisite deficiency notices, and (2) that the form provided by the IRS did not contain a seal of the district director of the IRS. Specifically, Appellants claim that the IRS is required to complete a Summary Record of Assessment on Form 23C. We review the district court’s legal determinations de novo. See In re Hedged-Investments Associates, Inc. 84 F.3d 1267, 1268 (10th Cir.l996).

With respect to the first claim, Appellants argue that, pursuant to 26 U.S.C. § 6203 and 26 C.F.R. § 301.6203-1, the IRS must provide a taxpayer, upon request, with an assessment of taxes due. They further allege that the assessment must be made on Form 23C and signed by an authorized officer of the IRS. In response to Appellants’ request for a proof of claim for unpaid taxes, the IRS provided Certificates of Assessments and Payments on Form 4340. Appellants assert that Form 4340 does not meet the requirements of the regulations.

Title 26 U.S.C. § 6203 simply provides that

[t]he assessment 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. Upon request of the taxpayer, the Secretary shall furnish the taxpayer a copy of the record of the assessment.

The regulations accompanying this statute provide that “[t]he assessment shall be[*1188] made by an assessment officer signing the summary record of assessment.” 26 C.F.R. § 301.6203-1 (2002). The regulations further provide that the summary record of assessment shall include certain information and that upon a taxpayer’s request, “he shall be furnished a copy of the pertinent parts of the assessment which set forth [certain information].” Id.

As Appellants note, the IRS has historically used Form 23C as the “Summary Record of Assessments” or “Assessment Certificate,” as explained in the Internal Revenue Service Manual. As Appellants concede, however, the Service Manual is not binding on this court. Furthermore, no regulation or statute requires that the “copy of the record of the assessment” mentioned in 26 U.S.C. § 6203 be made on Form 23C.

Nevertheless, regardless of the form used, the IRS must comply with the regulations governing the assessment process. The purpose of these regulations is to ensure both the efficiency and the accuracy of the assessment process. The signature requirement in 26 C.F.R. § 301.6203-1 appears to serve multiple purposes. The requirement ensures that an assessment officer reviews the assessment before it is sent to the taxpayer, and the placing of the officer’s signature establishes an effective date of the assessment that is relevant for certain timing requirements. Historically, the document reviewed and signed by the assessment officer has been Form 23C.

To ensure the taxpayer’s ability to challenge alleged errors in the assessment process, the regulations allow the taxpayer to request a copy of certain parts of the assessment record. However, the courts have generally held that the IRS need not provide a taxpayer with a copy of the actual Summary Record of Assessment. Instead, the courts have held that the IRS may submit Certificates of Assessments and Payments on Form 4340. Form 4340 details the assessments made and the relevant date that a Summary Record of Assessment was executed. The courts have also held that these Certificates on Form 4340 “are presumptive proof of a valid assessment.” See Guthrie v. Sawyer, 970 F.2d 733, 737 (10th Cir.1992) (quotations and citations omitted); United States v. Tempelman, 111 F.Supp.2d 85, 90-91 (D.N.H.2000), aff'd, 12 Fed.Appx. 18 (1st Cir.2001); United States v. Estabrook, 78 F.Supp.2d 558, 561-62 (N.D.Tex.1999).

The Commissioner “has for a number of years been engaged in making a transition in [his] assessment procedure from the general use of a manually prepared Form 23C to the general use of RACS 006.” Roberts v. Commissioner, 118 T.C. 365, 370, 2002 WL 844724 (2002), aff'd without published opinion 329 F.3d 1224 (11th Cir. 2003). See United States v. Letscher, 83 F.Supp.2d 367, 375 (S.D.N.Y.1999); Leier v. Dept. of Treasury/IRS, 73 A.F.T.R.2d (RIA) 94-533, 534, 1993 WL 597116 (M.D.Fla.1993); Tsimbidis v. IRS, 72 A.F.T.R.2d (RIA) 6640, 6641, 1993 WL 565340 (E.D.Va.1993). Like Form 23C, RACS Report 006 is a summary record of assessment. However, RACS Report 006 is generated on the computer and then signed by an assessment officer on the date of assessment in accordance with 26 C.F.R. § 301.6203-1. See Internal Revenue Manual 3.17.63.21.6(2)(b) (Oct. 1, 2002). See also Roberts, 118 T.C. at 370, n. 8. Form 23C is now only used when the computer is unavailable. See Erickson v. United States, 1990 WL 322794, at *7 (W.D.Wash. Aug.15, 1990).

Therefore, as the IRS concedes in its brief, Form 23C is not generally used. Nevertheless, since RACS Report 006 contains the same information contained on Form 23C and is certified and signed by an assessment officer, RACS Report 006 satisfies the signature and certification re[*1189] quirements of 26 C.F.R. § 801.6203-1. Furthermore, as discussed above, production of a Form 4340 creates a presumption that a Summary Record of Assessment, whether on Form 23C or RACS Report 006, was validly executed and certified. [1] As the magistrate judge found, the Certificates of Assessment provided to Appellants on Form 4340 were certified and valid. Therefore, Appellants’ first claim has no merit.

The Appellants’ second claim asserts that, even if the IRS is permitted to file its proof of claim on a form other than Form 23C, the substitute form must be certified with the seal of the district director pursuant to 26 C.F.R. § 301.7514-l(c), (d). As an initial matter, Appellants have waived this claim by not raising it in the bankruptcy court. Furthermore, the claim is clearly invalid since the forms sent by the IRS contained the seal.

The regulations cited by Appellants merely provide that the various official seals of certain offices of the IRS may be used in lieu of the seal of the Treasury Department when the attestation or certification is required of an officer in that office. The regulations further provide that courts must take judicial notice of the various seals of the IRS. 26 C.F.R. § 301-7514-l(c), (d). The regulations merely require that the assessments be signed by “an assessment officer,” which is appointed by the district director. 26 C.F.R. § 301.6203-1 (2002). The Form 4340 provided to the taxpayers establishes a presumption that a Form 23C or RACS 006 was validly signed and certified.

After a thorough review of the record and the briefs, we conclude that the district court did not err in dismissing the appeal, and its Order of December 31, 2002, is AFFIRMED. Appellee’s Motion to Amend Opinion, which we construe as a Motion for Rehearing, is GRANTED.

1

. We note that the General Accounting Office, in a report to Congress on March 6, 1996, identified certain inaccuracies and problems with the use of RACS 006. Such inaccuracies and deficiencies have not been raised with respect to the facts in this case and are therefore irrelevant. Our review is limited to a determination of whether an assessment on RACS 006 qualifies as a summary assessment for purposes of 26 C.F.R. § 301.6203-1.