- 5 -5 file a petition, and the express language of section 6330(c)(2)(B) precludes de novo review of his tax liability in this proceeding. Davina Sego did not actually receive a statutory notice of deficiency. * * * In Sego v. Commissioner, supra at 611, the Court also held: The applicable legal principles with respect to Davina Sego are set forth in Erhard v. Commissioner, 87 F.3d 273 (9th Cir. 1996), affg. T.C. Memo. 1994-344, and Patmon & Young Professional Corp. v. Commissioner, 55 F.3d 216, 218 (6th Cir. 1995), affg. T.C. Memo. 1993-143, which held that taxpayers cannot defeat actual notice by deliberately refusing delivery of statutory notices of deficiency. Petitioners’ conduct in this case constituted deliberate refusal of delivery and repudiation of their opportunity to contest the notices of deficiency in this Court, which provides the prepayment option for disputing tax liability. (They still have the option, however, of paying the tax and instituting suits for refund.) The provisions in section 6330(c)(2)(B) limiting in collection due process cases their right to contest the underlying tax liability are clearly intended to prevent the creation of a belated prepayment remedy in cases such as this one. The validity of the underlying tax liability is not properly before the Court. The facts in the instant case are substantially similar to those pertaining to Davina Sego. Based upon the foregoing and considering the colloquy between the Court and petitioner at the January 22, 2001, hearing on respondent’s motion to dismiss, we find as a fact that petitioner refused delivery of the statutory notice of deficiency for 1995 mailed to him on April 29, 1998. On March 13, 1999, approximately 1 year after respondent mailed to petitioner the notice of deficiency for the year 1995,Page: Previous 1 2 3 4 5 6 7 8 Next
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