Scott Alan Brandenburg - Page 7

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          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).                                                                     





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