Isaiah Israel - Page 8

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          be binding in the pending case.  Further, the Rule provides that            
          the Court will not permit a party to “qualify, change, or                   
          contradict a stipulation” except that the Court may do so “where            
          justice requires.”  Rule 91(e).  For each of the years in issue,            
          petitioner conceded the amounts of unreported income in the                 
          stipulations of facts.  Petitioner did not move to be relieved              
          from the stipulations or present grounds that he should not be              
          bound to his admission.  See Rule 91(e); Said v. Commissioner,              
          T.C. Memo. 2003-148.  We conclude that the stipulations are                 
          binding.                                                                    
               Further, petitioner’s argument that the person who sent the            
          notices of deficiency did not have the delegated authority to               
          send them has been deemed by this Court to be frivolous.                    
          Petitioner bases his argument on the Court’s decision in Everman            
          v. Commissioner, T.C. Memo. 2003-137.  Petitioner misreads the              
          holding in Everman.  In Everman, as in countless other cases, the           
          Court held that the taxpayer’s argument that the notice of                  
          deficiency was invalid because it was not signed by the Secretary           
          or an authorized delegate was meritless.  Id.; see, e.g., Nestor            
          v. Commissioner, 118 T.C. 162, 165 (2002); Bethea v.                        
          Commissioner, T.C. Memo. 2003-278; Fink v. Commissioner, T.C.               
          Memo. 2003-61; Koenig v. Commissioner, T.C. Memo. 2003-40; Snyder           
          v. Commissioner, T.C. Memo. 2001-255; Browder v. Commissioner,              
          T.C. Memo. 1990-408.  Further, the Court noted that there is no             






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