Johnnie Ann Holliday - Page 5




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          that the requirements of any applicable law or administrative               
          procedure have been met”; (4) the Appeals officer “could not                
          produce any tax return * * * that could have served as the basis            
          for any such alleged assessment”; (5) she had a right to                    
          challenge the existence of the underlying tax liability because             
          she did not receive “a valid notice of deficiency”; and (6) there           
          was no statute establishing an “underlying liability”.                      
               Contemporaneously with filing the petition in this case,               
          petitioner filed a Motion to Dismiss for Lack of Jurisdiction,              
          contending that the determination in this case was invalid as a             
          matter of law because she did not receive a proper hearing.                 
          Respondent objected to petitioner’s motion to dismiss.  In                  
          Petitioner’s Response to Respondent’s Objections to Motion to               
          Dismiss for Lack of Jurisdiction, petitioner asserted:                      
               (1.) Respondent argues (7) that Petitioner received a                  
               valid Statutory Notice of Deficiency.  That Notices                    
               received by Petitioner were invalid.                                   
                    Before I did anything with respect to the                         
               “Notice,” I first established whether or not it was                    
               sent pursuant to law, whether or not it had the “force                 
               and effect of law,” and whether Mr. Cox had any                        
               authority to send me the notice in the first place.                    
          Petitioner’s motion to dismiss was denied; the Court found that             
          the determination letter was valid for purposes of invoking the             
          Court’s jurisdiction in this case.                                          
               Prior to trial, respondent sent to petitioner Forms 4340,              
          certified May 21, 2001.  Prior to trial, petitioner filed a                 






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