Barry L. Moore - Page 14




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          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.                                                                        




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