Benedict John Casey - Page 11

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               Moreover, the only issue petitioner raised in his Form 12153           
          related to his underlying 1992 tax liability.  As discussed                 
          below, petitioner was not entitled to raise this issue at the               
          Appeals Office hearing.                                                     
          III. Petitioner’s Challenge to His Underlying Tax Liability                 
               A taxpayer may challenge the validity of his underlying tax            
          liability in an Appeals hearing conducted pursuant to section               
          6330 only if the taxpayer “did not receive any statutory notice             
          of deficiency for such tax liability or did not otherwise have an           
          opportunity to dispute such tax liability."  Sec. 6330(c)(2)(B).            
               Petitioner claims he did not receive the notice of                     
          deficiency in time to petition the Tax Court.  We are unpersuaded           
          by petitioner’s claim.  On the basis of all the evidence, we                
          conclude that petitioner received the notice of deficiency                  
          sometime before June 15, 1995, which was the date respondent                
          received petitioner’s correspondence enclosing, among other                 
          things, the first page of the notice of deficiency.                         
               Petitioner insists that he enclosed no part of the notice of           
          deficiency in the correspondence that respondent received                   
          June 15, 1995.  He speculates that someone at the Internal                  
          Revenue Service must have shuffled the first page of the notice             
          of deficiency into the file containing his correspondence.  We              
          are unpersuaded by petitioner’s theory, which is supported by               
          nothing other than petitioner’s speculation.  After observing               






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