- 9 - A. Summary Judgment Petitioner challenges the assessments made against him on the ground that the notice of deficiency dated October 7, 1999, is invalid. However, the record shows that petitioner received the notice of deficiency and disregarded the opportunity to file a petition for redetermination with this Court. See sec. 6213(a). It follows that section 6330(c)(2)(B) generally bars petitioner from challenging the existence or amount of his underlying tax liabilities in this collection review proceeding.3 Even if petitioner were permitted to challenge the validity of the notice of deficiency, petitioner’s argument that the notice is invalid because respondent’s Service Center director is not properly authorized to issue notices of deficiency is frivolous and groundless. See Nestor v. Commissioner, 118 T.C. 162, 165 (2002); Goza v. Commissioner, supra. Further, as the Court of Appeals for the Fifth Circuit has remarked: “We perceive no need to refute these arguments with somber reasoning and copious citation of precedent; to do so might suggest that 3 As previously discussed, on July 10, 2000, respondent entered a further assessment against petitioner in the amount of $869.19 reflecting the continuing accumulation of the addition to tax under sec. 6651(a)(2) for 1996. Although it is arguable whether sec. 6330(c)(2)(B) barred petitioner from challenging this particular assessment, petitioner did not specifically dispute the item. Moreover, petitioner did not point to any discrepancy in the record or set forth specific facts that would suggest that there is a genuine issue for trial whether this item was properly assessed. See Rule 121(d).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011