- 7 - March 10, 2005, the Court granted respondent’s motion to dismiss for lack of jurisdiction as to frivolous return penalties under section 6702 for the taxable years 1995-2000. See Van Es v. Commissioner, 115 T.C. 324 (2000). OPINION A. Whether Petitioner Is Liable for the Underlying Income Tax for 1995-96 Petitioner contends that he had no taxable income or activities for 1995-96. A taxpayer may dispute an underlying tax liability at a section 6330 hearing if he or she did not receive a notice of deficiency or otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). Respondent does not contend on brief that petitioner received the notice of deficiency or had a prior opportunity to dispute the tax liabilities. Thus, we will assume that he did not. Petitioner contends that he is not subject to Federal income tax and that respondent’s determination of his tax liabilities for 1995 and 1996 is invalid. Throughout this case, including at trial, petitioner’s only arguments for contending that his underlying tax liabilities were incorrect were frivolous. Thus, we conclude that petitioner is liable for tax as determined by respondent for 1995-96. 1(...continued) ground that the decision letter constitutes a notice of determination under Craig v. Commissioner, 119 T.C. 252, 256-259 (2002).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011