Christopher Kiley - Page 19




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               A.  Summary Judgment                                                   
               In the amended petition, petitioner challenges “the                    
          existence of the underlying tax liability”.  Respondent contends            
          that petitioner is barred under section 6330(c)(2)(B) from                  
          challenging the existence or amount of his underlying tax                   
          liabilities in this collection review proceeding because                    
          petitioner received notices of deficiency for the taxes in                  
          question.  Respondent deduces the  factual predicate for this               
          contention from petitioner’s failure to deny receiving notices of           
          deficiency; rather, petitioner has only denied receiving “valid”            
          notices of deficiency.  See Rennie v. Commissioner, T.C. Memo.              
          2002-296 (taxpayer’s denial of receiving “legal notice of                   
          deficiency” did not mean that taxpayer failed to receive notice             
          of deficiency); Schmith v. Commissioner, T.C. Memo. 2002-252                
          (taxpayer’s denial of receiving “valid notice of deficiency” did            
          not mean that taxpayer failed to receive notice of deficiency);             
          see also Nestor v. Commissioner, 118 T.C. 162, 165-166 (2002)               
          (section 6330(c)(2)(B) bars a taxpayer from challenging the                 
          existence or amount of the taxpayer’s underlying tax liability in           
          a collection review proceeding if the taxpayer received a notice            
          of deficiency and disregarded the opportunity to file a petition            
          for redetermination with this Court).                                       
               Rule 121(d) provides in relevant part as follows:                      
               When a motion for summary judgment is made and                         
               supported as provided in this Rule, an adverse party                   





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