- 19 - 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 partyPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011