Edythe Fishbach - Page 4

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          underlying tax liability de novo.  See Sego v. Commissioner,                
          114 T.C. 604, 610 (2000); Hoffman v. Commissioner, 119 T.C. 140,            
          144-145 (2002).                                                             
               Petitioner raises no valid legal arguments.  She argues, in            
          both her request for a hearing and in her petition to this Court,           
          that she does not owe any tax for 1996.  This she may not do.               
          Petitioner, having received a notice of deficiency and having               
          forgone the opportunity to challenge her underlying liability in            
          her prior case, is barred from doing so in this case.  See sec.             
          6330(c)(2)(B); Ginalski v. Commissioner, T.C. Memo. 2004-104.               
          C.   Conclusion                                                             
               We shall grant respondent’s motion for summary judgment.               
               To reflect the foregoing,                                              
                                                  An appropriate order and            
                                             decision will be entered for             
                                             respondent.                              



















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