Barry L. Moore - Page 13




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          in Goza had received a notice of deficiency, yet failed to file a           
          petition for redetermination with the Court.  When the taxpayer             
          subsequently attempted to use the Court's collection review                 
          procedure as a forum to assert frivolous and groundless                     
          constitutional arguments against the Federal income tax, the                
          Court dismissed the petition for failure to state a claim upon              
          which relief can be granted.                                                
               Based upon our review of the record in this case, we hold              
          that there is no dispute as to a material fact and that                     
          respondent is entitled to partial summary judgment as a matter of           
          law.                                                                        
           The record shows that petitioner wrote to respondent on                    
          October 30, 1991, and June 1, 1992, and acknowledged receiving              
          the notices of deficiency for 1987 and 1989, respectively.                  
          Petitioner failed to affirmatively deny that he authored these              
          letters.  See Sego v. Commissioner, 114 T.C. 604 (2000).                    
               The record also shows that respondent mailed duplicate                 
          original notices of deficiency for 1990 through 1992 by certified           
          mail to petitioner’s last known address, including the N. Central           
          address, the Richardson Heights address, and the DalRich Village            
          address.7  Although petitioner did not write to respondent and              
          acknowledge receipt of the notice of deficiency for 1990 through            
          1992, respondent has no record that such notice was ever returned           

               7 In addition, a copy of the notice of deficiency was mailed           
          to Mr. Kotmair.                                                             




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