- 9 - tioner’s response), petitioner contends that the following are genuine issues of material fact: “Verification from the Secre- tary was not obtained by appeals officer” and “No statutory notice and demand was sent”.2 The record in this case estab- lishes that the Appeals officer obtained verification from the Secretary that the requirements of any applicable law or adminis- trative procedure were met. The record further establishes that respondent sent to petitioner a notice of balance due with respect to petitioner’s unpaid liability for 1997, which, as discussed below, constitutes a notice and demand for payment under section 6303(a), Craig v. Commissioner, 119 T.C. 252, 262- 263 (2002). We conclude that there are no genuine issues of material fact regarding the questions raised in respondent’s motion. With respect to petitioner’s taxable year 1997, petitioner received a notice of deficiency, but he did not file a petition with respect to that notice. In the petition, petitioner admits 2Petitioner also contends that the following are genuine issues of material fact: No statute establishes a liability for the income tax or requires the payment of the income tax * * * * * * * Petitioner is not now, and has never been involved in any occupation requiring taxes be paid by stamp. * * * The foregoing assertions do not raise genuine issues of material fact. Those assertions raise frivolous legal arguments.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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