- 10 - 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). We conclude that there are no genuine issues of material fact regarding the questions raised in respondent’s motion. A taxpayer may raise challenges to the existence or the amount of the taxpayer’s underlying liability if the taxpayer did not receive a notice of deficiency or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). Where the validity of the underlying tax liability is properly placed at issue, the Court will review the matter on a de novo basis. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). Where the validity of the underlying tax liability is not properly placed at issue, the Court will review the determination of the Commissioner of the Internal Revenue for abuse of discretion. Sego v. Commis- sioner, supra; Goza v. Commissioner, supra at 182. Respondent based the assessment with respect to each of petitioners’ taxable years 1998 and 1999 on the total tax shown in petitioners’ return for each such year. In the notice of determination, the Appeals Office concluded that petitioners took positions that “have no merit and are groundless.” Petitioners do not claim here that the amount of tax reported in their return for each of their taxable years 1998 and 1999 is not correct. Instead, they advance statements, contentions, arguments, and requests in the petition and the attachments to that petitionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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