- 14 - to respondent undelivered.8 In addition, petitioner failed to affirmatively deny that he actually received the notice of deficiency for 1990 through 1992. The record also shows that Mr. Kotmair wrote to respondent and confirmed that petitioner actually received the notices of deficiency for 1988 and 1993 through 1995. These notices were mailed to petitioner at the DalRich Village address, the same address used by petitioner when he filed the petition in this case. Petitioner failed to affirmatively deny that he actually received the notices of deficiency for 1988 and 1993 through 1995. Petitioner failed to properly respond to respondent’s Motion for Partial Summary Judgment. In short, petitioner failed to allege specific facts showing that there is a genuine issue for trial regarding his receipt of the disputed notices of deficiency. Rule 121(d). In the absence of any allegation denying receipt of the notices of deficiency for 1987 and 1989 through 1995, the record establishes that petitioner actually received each of those notices. Therefore, consistent with section 6330(c)(2)(B), petitioner is barred from contesting the existence or amount of his tax liabilities for 1987 and 1989 8 The record also shows that by letters dated Feb. 17, 1995, and May 26, 1995, Mr. Kotmair wrote to respondent, acknowledging the 30-day letter for 1990 through 1992 and challenging petitioner’s tax liabilities for those years on the ground that petitioner is not a taxpayer who is subject to the Federal income tax.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011