- 11 - 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 obtainedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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