Jeffrey M. Young - Page 8




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          states in his petition that he “is not challenging the                      
          assessment”.                                                                
               On September 30, 2002, respondent filed a motion for summary           
          judgment and to impose a penalty under section 6673.  On October            
          2, 2002, we ordered petitioner to file a response to that motion            
          on or before November 13, 2002.  Petitioner has not filed a                 
          response to respondent’s motion as required by our order of                 
          October 2, 2002.  After reviewing the pleadings and the materials           
          in the record, we find that no genuine issue of material fact               
          exists and that respondent’s determination should be sustained as           
          a matter of law.                                                            
               Under section 6330(c)(2)(B), a taxpayer may raise challenges           
          to the existence or amount of his underlying tax liability if he            
          did not receive a notice of deficiency or did not otherwise have            
          an opportunity to dispute the tax liability.5  Petitioner has not           
          raised any legitimate issues regarding his underlying tax                   
          liabilities in his request for an Appeals hearing, in his                   
          supplement to that request, in the course of the Appeals Office             
          proceedings, and in his petition filed with this Court.  Instead,           
          petitioner challenges the “existence” of his underlying tax                 
          liabilities on the basis that no Internal Revenue Code section              



               5We avoid herein whether the self-reporting of taxes on a              
          return constitutes an opportunity to dispute those taxes for                
          purposes of sec. 6330(c)(2)(B).  See Horn v. Commissioner, T.C.             
          Memo. 2002-207.                                                             





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