- 8 - states in his petition that he “is not challenging the assessment”. On September 30, 2002, respondent filed a motion for summary judgment and to impose a penalty under section 6673. On October 2, 2002, we ordered petitioner to file a response to that motion on or before November 13, 2002. Petitioner has not filed a response to respondent’s motion as required by our order of October 2, 2002. After reviewing the pleadings and the materials in the record, we find that no genuine issue of material fact exists and that respondent’s determination should be sustained as a matter of law. Under section 6330(c)(2)(B), a taxpayer may raise challenges to the existence or amount of his underlying tax liability if he did not receive a notice of deficiency or did not otherwise have an opportunity to dispute the tax liability.5 Petitioner has not raised any legitimate issues regarding his underlying tax liabilities in his request for an Appeals hearing, in his supplement to that request, in the course of the Appeals Office proceedings, and in his petition filed with this Court. Instead, petitioner challenges the “existence” of his underlying tax liabilities on the basis that no Internal Revenue Code section 5We avoid herein whether the self-reporting of taxes on a return constitutes an opportunity to dispute those taxes for purposes of sec. 6330(c)(2)(B). See Horn v. Commissioner, T.C. Memo. 2002-207.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011