W. James Kubon - Page 12

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          5.   Receipt of Notice and Demand                                           
               Petitioner also argues that respondent failed to send                  
          petitioner a statutory notice and demand for the unpaid tax.  As            
          shown in the record of the case, a notice and demand was sent to            
          petitioner.  The transcripts, i.e., TXMODA and Form 4340, report            
          that the first notice and demand was sent on December 9, 2002.              
          The transcripts also report that another notice and demand was              
          sent on February 24, 2003.  There is no question that respondent            
          sent a notice and demand to petitioner; therefore, petitioner’s             
          argument must fail.                                                         
               Petitioner makes no other arguments against the validity of            
          the notice of determination.  In particular, petitioner fails to            
          make a valid challenge to the appropriateness of respondent’s               
          intended collection action, raise a spousal defense, or offer               
          alternative means of collection.  We conclude that respondent did           
          not abuse his discretion in determining that collection should              
          proceed and that respondent is entitled to judgment as a matter             
          of law.                                                                     
          6.   Section 6673 Penalty                                                   
               Section 6673(a)(1) authorizes the Court to require a                   
          taxpayer to pay to the United States a penalty in an amount not             
          to exceed $25,000 whenever it appears to the Court that the                 
          taxpayer’s position in the proceeding is frivolous or groundless.           
          Sec. 6673(a)(1)(B).                                                         






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