Brandon Christopher Merriweather - Page 4




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                  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 to                             






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