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