Michael J. Yacksyzn - Page 11




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          that petitioner received the notice of deficiency dated November            
          5, 1999, and disregarded the opportunity to file a petition for             
          redetermination with this Court.  See sec. 6213(a).  Under the              
          circumstances, section 6330(c)(2)(B) bars petitioner from                   
          challenging the existence or the amount of his underlying tax               
          liability for 1997 in this collection review proceeding.                    
               In addition to the bar imposed by section 6330(c)(2)(B),               
          petitioner’s argument that he is not subject to the Federal                 
          income tax is frivolous and groundless.  See Goza v.                        
          Commissioner, supra.  As the Court of Appeals for the Fifth                 
          Circuit has remarked: "We perceive no need to refute these                  
          arguments with somber reasoning and copious citation of                     
          precedent; to do so might suggest that these arguments have some            
          colorable merit."  Crain v. Commissioner, 737 F.2d 1417 (5th Cir.           
          1984).  Suffice it to say that petitioner is a taxpayer who is              
          subject to the Federal income tax on his wages and pensions.  See           
          secs. 1(c), 61(a)(1), (11), 7701(a)(1), (14); Nestor v.                     
          Commissioner, 118 T.C. 162, 165 (2002).                                     
               Petitioner next argues that the Appeals officer failed to              
          obtain verification from the Secretary that the requirements of             
          all applicable laws and administrative procedures were met as               
          required by section 6330(c)(1).  We reject petitioner’s argument            
          because the record establishes that the Appeals officer obtained            








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