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6501(c)(3),6 respondent issued a notice of deficiency to
petitioner. Petitioner then chose to petition the Court
regarding his underlying tax liabilities and to appeal the
Court’s decision.
On September 18, 1998, petitioner filed a notice of appeal
in the underlying tax case. Petitioner, however, did not post a
bond to stay assessment and collection as required by section
7485. Therefore, the earliest respondent could have assessed
petitioner’s taxes for 1987 and 1989 was on September 19, 1998--
the day after the notice of appeal was filed.7 Secs. 6213(a),
7481(a), 7483, 7485(a); Barnes Theater Ticket Serv., Inc. v.
Commissioner, 50 T.C. 28, 29 (1968).
The record shows that on November 20, 1998, respondent
assessed the taxes, additions to tax, and interest for 1987 and
1989. That same day, respondent issued to petitioner a statutory
notice of balance due. On February 8, 1999, respondent issued to
6 Pursuant to sec. 6501(c)(3), in the case of failure to
file a return, the tax may be assessed, or a proceeding in court
for the collection of such tax may be begun without assessment,
at any time.
7 If a taxpayer files a notice of appeal from a Tax Court
decision, assessment and collection of the deficiency are not
stayed unless the taxpayer posts a bond secured by the guaranty
of an approved surety company or furnishes other satisfactory
collateral. Sec. 7485(a); Barnes Theater Ticket Serv., Inc. v.
Commissioner, 50 T.C. 28, 29 (1968).
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