- 9 - underlying liabilities for 1997, 1998, and 1999 because the assessments for those years correspond to amounts self-reported by petitioner on his respective returns. III. Analysis A. 1995 and 1996--Challenges to Underlying Liability As previously indicated, section 6330(c)(2)(B) precludes challenges to the underlying tax liability where the taxpayer received a statutory notice of deficiency. Respondent issued to petitioner on May 29, 1998, a notice of deficiency with respect to 1995 and 1996. Nothing in respondent’s records indicates that petitioner did not receive the notice. Additionally, while petitioner testified at the hearing on respondent’s motion that he did not remember anything about the notice of deficiency “off the top of * * * [his] head”, he at no time claimed that he failed to receive the notice. He also confirmed that the address shown on the notice was correct and remains his current location. We conclude that petitioner received the statutory notice for 1995 and 1996 and, as result, is precluded from challenging his underlying tax liabilities for those years in this action. A remedy, provided the statute of limitations remains open, is to pay the liabilities and file a refund claim and, if necessary, a refund suit. B. 1997, 1998, and 1999--Challenges to Underlying Liability As set forth above, section 6330(c)(2)(B) permits challenges to underlying liability where the taxpayer did not receive aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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