Curtis B. Keene - Page 16




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          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.              






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