- 5 - protest of the Federal tax laws. While all of Mr. Ray's arguments do not require responses or copious citation of precedent (Crain v. Commissioner, 737 F.2d 1417 (5th Cir. 1984), affg. per curiam an order of this Court), we shall, nevertheless, briefly discuss some of the issues raised. We first address the issue of the validity of the notices of deficiency. Section 6212 provides that "If the Secretary determines that there is a deficiency in respect of any tax imposed by subtitle A or B * * *, he is authorized to send notice of such deficiency to the taxpayer by certified mail or registered mail." Sec. 6212(a). We have construed this statutory language broadly so as to give great latitude to the IRS in making determinations of tax liability. See Giddio v. Commissioner, 54 T.C. 1530, 1533 (1970). The failure of a taxpayer to file a return does not prevent the Commissioner from determining a deficiency. In Hartman v. Commissioner, 65 T.C. 542, 546 (1975), we stated: "Obviously, the fact that petitioner failed to file a return will not insulate him from a determination by the Commissioner that a tax is due and owing and a civil proceeding based thereon." According to the U.S. Supreme Court, "Where there has been no tax return filed, the deficiency is the amount of tax due." Laing v. United States, 423 U.S. 161, 174 (1976). The argument petitioner has advanced is inconsequential given the clear weight of authority on this issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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