-9- verification requirement of section 6330(c)(1). Yacksyzn v. Commissioner, T.C. Memo. 2002-99; cf. Nicklaus v. Commissioner, 117 T.C. 117, 120-121 (2001). Petitioners argue further that their underlying tax liability is incorrect. We dismiss this argument as raised inappropriately. Given that petitioners received a notice of deficiency for the subject year, they are not allowed to contest either the validity or the amount of their tax liability. Sec. 6330(c)(2)(B) (individuals such as petitioners may only challenge the existence and amount of an underlying tax liability if they did not receive a notice of deficiency for the taxes in question or did not otherwise have an earlier opportunity to dispute the tax liability); see also Sego v. Commissioner, supra at 609; Goza v. Commissioner, 114 T.C. 176 (2000). Petitioners attempt to avoid the prohibition of section 6330(c)(2)(B) by arguing that the notice of deficiency issued to them was invalid because, they assert, it lacked a valid signature. We consider this argument frivolous. The Secretary or his delegate is authorized by statute to issue notices of deficiency, secs. 6212(a), 7701(a)(11)(B) and (12)(A)(i), and it is well established that the director of an Internal Revenue service center is an authorized delegate, e.g., Hughes v. United States, 953 F.2d 531, 536 (9th Cir. 1992); Nestor v. Commissioner, 118 T.C. 162 (2002); Weishan v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011