Paul F. Nichols and Eleanore M. Nichols - Page 7




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               with the USC Title 26 taxing statute that respondent                   
               relied on to calculate any claimed Determination.  (6)                 
               Respondent claims a Determination, but has failed to                   
               provide petitioner with any certified facts or                         
               evidence.  (7) Respondents Notice of Determination is                  
               null and void as it is based on hearsay facts and                      
               evidence.  (8) Petitioner has been denied a meaningful                 
               administrative hearing where certified facts or                        
               evidence from respondent was provided.  (9) Statute of                 
               limitation for tax year 1996 has expired.  (10)                        
               Petitioners declaration, signed under penalty of                       
               perjury, is attached and made part of this matter.                     
               We classify petitioners’ arguments in two manners.  The                
          first category pertains to the existence or validity of the                 
          underlying tax liability.  The second category pertains to the              
          procedure by which respondent has assessed petitioners’ tax                 
          liability and/or reviewed the validity of it.                               
               As to the first category, it is indisputable that                      
          petitioners have received a notice of deficiency for 1996 and               
          that they had an opportunity to dispute in this Court                       
          respondent’s determination set forth in that notice.  They chose            
          not to dispute those determinations timely.  See sec. 6213(a)               
          (notices of deficiency addressed to taxpayers inside the United             
          States may be challenged by those taxpayers generally by filing a           
          petition with this Court within 90 days after the notice of                 
          deficiency is mailed.).  As a result, we reject this first type             
          of argument as untimely and advanced improperly.  We hold that              
          petitioners are precluded from disputing their underlying tax               
          liability in this proceeding.  Sego v. Commissioner, supra.                 







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