James D. Horn - Page 29




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          return on the ground he “did not otherwise have an opportunity to           
          dispute such tax liability” within the meaning of section                   
          6330(c)(2)(B).                                                              
               We need not and do not answer this question posed by the               
          parties in this proceeding for the tax years 1994 and 1996.                 
          Because petitioner failed to take advantage of any of the                   
          numerous opportunities he was afforded to specify his alleged               
          losses and the years in which they occurred and to introduce                
          evidence in support of them, we leave the resolution of this                
          question to another day.                                                    
          Petitioner Failed To Show His Right to Deductions                           
               Petitioner failed to state and quantify his claims for loss            
          deductions in either his request for a section 6330 hearing or in           
          his petition to this Court.  He was unable to make the Appeals              
          officer understand his claims for any of the years in issue, and            
          he failed to introduce any evidence in support of his claims at             
          the section 6330 hearing.  Petitioner failed to file a brief in             
          answer to respondent’s opening brief, as he had been ordered to             
          do in the Court-ordered briefing schedule.11  However, we need              
          not reject petitioner’s contention on any of the foregoing                  
          grounds.  Cf. Aguirre v. Commissioner, 117 T.C. 324, 327 (2001).            


               11Petitioner’s failure to file a brief would suffice to                
          reject petitioner’s contention.  See Rule 123; Stringer v.                  
          Commissioner, 84 T.C. 693, 704-705 (1985), affd. 789 F.2d 917               
          (4th Cir. 1986); see also Petzoldt v. Commissioner, 92 T.C. 661,            
          603 (1989); Money v. Commissioner, 89 T.C. 46, 48 (1987).                   





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