- 27 - Petitioner has not offered any credible evidence to persuade us he was mentally incompetent when he signed the returns for the later years 1994 and 1996. Insofar as petitioner challenges the assessments for 1994 and 1996 on the ground he was incompetent when he signed and filed the returns, we reject petitioner’s challenge on the same grounds on which we have upheld the validity of the Forms 4549-CG for 1990 and 1991, 1992, and 1993. In so doing, we do no more than assume without deciding that the assessments could be invalidated if petitioner had been incompetent when he signed and filed the returns. We now turn to petitioner’s contention that section 6330(c)(2)(B) entitles him to challenge respondent’s assessments of the tax liabilities shown on his 1994 and 1996 returns because he received no statutory notice of deficiency for such liabilities and did not otherwise have an opportunity to dispute them. Respondent contends petitioner cannot challenge the validity or amount of the underlying tax liabilities he reported for 1994 and 1996 because the assessments were based on petitioner’s own returns.10 The only legal argument respondent 10We note that, after respondent’s brief was filed, the Internal Revenue Service published additions to the Internal Revenue Manual instructions to Appeals officers in section 6330 collection proceedings that would appear to contradict respondent’s litigation position in this case with respect to 1994 and 1996. 4 Administration, Internal Revenue Manual (CCH), sec. 8.7.2.3.8, at 27,286 provides in part: (continued...)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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