Paul F. Nichols and Eleanore M. Nichols - Page 6




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          determination.  Davis v. Commissioner, 115 T.C. 35, 37 (2000);              
          Goza v. Commissioner, 114 T.C. 176, 179 (2000).  In the event of            
          such a judicial review, the Court’s standard of review depends on           
          whether the underlying tax liability is at issue.  The Court                
          reviews a taxpayer’s liability under the de novo standard where             
          the validity of the underlying tax liability is at issue.  The              
          Court reviews other administrative determinations for abuse of              
          discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000).  A             
          taxpayer’s underlying tax liability may be at issue if he or she            
          “did not receive any statutory notice of deficiency for such tax            
          liability or did not otherwise have an opportunity to dispute               
          such tax liability.”  Sec. 6330(c)(2)(B).                                   
               In order to discern the issues in this case, we focus on               
          assignments of error set forth in the petition that commenced               
          this proceeding.  Rule 331(b)(4) (“Any issue not raised in the              
          assignments of error shall be deemed to be conceded.”)                      
          Petitioners assert in their petition the following 10 allegations           
          of error in the Appeals officer’s determination:                            
               (1) Respondents Notice of Determination claims a                       
               Determination.  Petitioner denies having a                             
               Determination (2) Respondents Notice of Determination                  
               claims unreported and under reported income.                           
               Petitioner denies having unreported or under reported                  
               income.  (3) Respondents IRS Form 4549, income tax                     
               examination changes, claims a tax liability.                           
               Petitioner denies having a tax liability.  (4)                         
               Respondent has failed to provide petitioner with                       
               certified assessment information as per Internal                       
               Revenue Regulation 301.6203-1.  (5) Respondent claims a                
               Determination, but has failed to provide petitioner                    





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