- 4 - On October 29, 1998, respondent mailed petitioner a notice of deficiency for 1997 (notice of deficiency). Petitioner, however, did not receive the notice of deficiency. On February 21, 1999, respondent assessed the tax liability determined in the notice of deficiency. On October 14, 1999, respondent mailed petitioner a Final Notice - Notice of Intent to Levy and Notice of Your Right to a Hearing, Letter 1058, (notice of intent to levy) with regard to petitioner’s 1997 tax liability. On October 19, 1999, petitioner filed a Request for a Collection Due Process Hearing, Form 12153, stating that he was not liable for the taxes set forth in the notice of intent to levy. On September 28, 2000, respondent issued to petitioner a notice of determination determining to proceed with collection for 1997. OPINION Respondent concedes that petitioner did not receive the notice of deficiency for 1997 and that he was entitled to contest the underlying tax liability for 1997. Accordingly, we shall review petitioner’s underlying tax liability for 1997. Goza v. Commissioner, 114 T.C. 176 (2000). Where the underlying tax liability is properly at issue, we review that issue on a de novo basis. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, supra at 181. The issues regarding petitioner’s underlying tax liability are whether petitioner was entitled toPage: Previous 1 2 3 4 5 6 7 8 Next
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