- 11 - 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 observingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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