Joseph T. Tornichio - Page 10




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          however, before the Appeals Office hearing, unsuccessfully seek a           
          refund of his 1995 and 1996 withheld income taxes in Federal                
          court.  See Tornichio v. United States, 83 AFTR 2d 99-1516, 99-1            
          USTC par. 50,394 (6th Cir. 1999).  Petitioner was not entitled to           
          raise challenges to his underlying tax liability at the Appeals             
          Office hearing.                                                             
               Even if petitioner were permitted to challenge his                     
          underlying tax liability, however, the arguments he has advanced            
          are without merit.  In the previously cited refund actions                  
          involving, in part, petitioner’s tax liabilities for 2 of the 3             
          years at issue here, the courts unequivocally rejected                      
          petitioner’s “tax protest” arguments as “patently spurious”.  Id.           
          at 99-1517, 99-1 USTC at 87,962; see Tornichio v. United States,            
          81 AFTR 2d 98-1377, 98-1 USTC par. 50,299 (N.D. Ohio 1998).  The            
          same may be said of petitioner’s arguments regarding the validity           
          of the notices of deficiency.                                               
               The Secretary or his delegate may issue notices of                     
          deficiency.  Secs. 6212(a), 7701(a)(11)(B) and (12)(A)(i).  The             
          Secretary’s authority to issue notices of deficiency has been               
          delegated to the Director of the Service Center who issued the              
          notices.  See Nestor v. Commissioner, 118 T.C. 162, 165 (2002);             
          Stamos v. Commissioner, 95 T.C. 624, 630-631 (1990), affd.                  
          without published opinion 956 F.2d 1168 (9th Cir. 1992); secs.              
          301.6212-1(a), 301.7701-9(b), Proced. & Admin. Regs.                        






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