- 5 - 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 aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011