- 16 - dated June 16, 2000, were “seriously flawed” in that they were issued at a time when “no assessed liability against the petitioner even existed” and that (2) such notices were otherwise “premature”. However, the record shows that petitioner received the notices 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) bars petitioner from challenging the existence or amount of his underlying tax liabilities in this collection review proceeding. See Nestor v. Commissioner, 118 T.C. 162, 165-166 (2002). Even if petitioner were permitted to challenge the existence or amount of his underlying tax liabilities, his arguments that the notices were “seriously flawed” and otherwise “premature” are frivolous and groundless. See Monaco v. Commissioner, T.C. Memo. 1998-284 (categorically rejecting the argument that the Commissioner may not determine a deficiency without first making an assessment); see also Corcoran v. Commissioner, T.C. Memo. 2002-18 (rejecting the argument that the issuance of a notice of deficiency may not precede a 30-day letter or an administrative hearing); Trueblood v. Commissioner, T.C. Memo. 1997-524 (same); Ruff v. Commissioner, T.C. Memo. 1990-521 (same). Likewise, the argument that petitioner may still be making regarding the authority of respondent’s service center director to issue deficiency notices is frivolous and groundless. See Nestor v.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011