Kenneth E. and Lois M. Edwards - Page 4




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               Section 6201(a) gives the Commissioner broad authority to              
          assess and collect taxes.  That authority is restricted, however,           
          by the general requirement that, with respect to certain types of           
          tax, a notice of deficiency must first be sent to the taxpayer              
          before assessment and/or collection of the tax.  Sec. 6213(a).              
          Upon issuance of a notice of deficiency, a taxpayer may challenge           
          the correctness of the deficiency determination in this Court by            
          filing a petition within a specified period of time.  Id.   If a            
          petition is timely filed, the Commissioner is precluded from                
          assessing or collecting the tax deficiency until the Tax Court’s            
          decision is final.  Id.                                                     
               These procedures ensure that a deficiency cannot be assessed           
          and/or collected without petitioners' being provided an                     
          opportunity to show respondent to be in error.  Because                     
          petitioners filed a petition in this case, the deficiency amount            
          cannot be assessed or collected until our decision is final.                
               Though petitioners contend that respondent improperly                  
          assessed their tax, there is no evidence that respondent failed             
          to comply with the deficiency procedure or improperly assessed              
          any tax.  No assessment has been made concerning respondent’s               
          determination for the 1993 tax year.  Petitioners, although given           
          the opportunity to dispute the correctness of the deficiency and            
          penalty, have chosen to present no substantive evidence regarding           
          respondent's determination for the 1993 tax year.  We accordingly           






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