- 7 - the date they were issued, the assessments for 1990 are valid. I. Petitioner Seeks Review in Wrong Court On August 18, 2000, petitioner filed a complaint in the District Court seeking review of respondent’s determination to proceed with collection of his 1990 taxes. On July 11, 2001, the District Court dismissed the complaint with prejudice for lack of subject matter jurisdiction. J. Tax Court Petition On August 14, 2001, petitioner timely petitioned this Court to review respondent’s determination to proceed with collection of his 1990 taxes. In his petition, petitioner claims that: (1) No one representing the IRS attended the Appeals Office hearing;3 (2) the Appeals officer “did not obtain verification at the hearing from the Secretary indicating that the requirements of any applicable law or administrative procedure had been met as required by 26 U.S.C. �6330(c)(1), nor was petitioner shown any such evidence”; (3) respondent did not issue a notice of assessment and demand for payment as required by section 6303; and (4) respondent has already received payment for petitioner’s 1990 tax liabilities. 3 Petitioner did not raise this issue at trial or on brief; therefore, we deem petitioner to have abandoned it. See Burbage v. Commissioner, 82 T.C. 546, 547 n.2 (1984), affd. 774 F.2d 644 (4th Cir. 1985); Wolf v. Commissioner, T.C. Memo. 1992-432, affd. 13 F.3d 189 (6th Cir. 1993).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011