Johnnie Ann Holliday - Page 6




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          Motion in Limine, seeking to prevent respondent from using any              
          document or record or presenting any testimony not presented                
          during the hearing.  The Motion in Limine was denied, and, during           
          the trial, petitioner repeated her objection to each document               
          offered by respondent.  During the trial, petitioner conceded               
          that she had received the statutory notice of deficiency but                
          asserted that “it was not valid”.  A copy of the Notice of                  
          Deficiency that was received in evidence at trial shows that the            
          notice was sent to the same address used by petitioner in this              
          case.  The notice determines deficiencies for 1991, 1992, and               
          1993 and additions to tax under sections 6651(a)(1) and 6654.               
                                     Discussion                                       
               Upon review of the entire record in this case, it is                   
          apparent that there is no merit to petitioner’s contention that             
          the statutory notice sent to her for 1991, 1992, and 1993 was               
          invalid.  Petitioner has not shown in fact or as a matter of law            
          that there was any defect in the assessment that gave rise to the           
          lien that was the subject of the request for a hearing.                     
               The only issue to be decided is whether the Appeals officer            
          abused his discretion by sending the notice of determination                
          after failing to deliver to petitioner at the hearing                       
          “verification from the Secretary that the requirements of any               
          applicable law or administrative procedure have been met”.                  








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