James L. Geary and Carol O. Geary - Page 9

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               Based on the record in this case, and with due regard to               
          Rule 121(d), see Koenig v. Commissioner, T.C. Memo. 2003-40, we             
          conclude that petitioners received the August 5, 2002 notice of             
          deficiency.                                                                 
               In addition to the aforementioned five factors relied on by            
          respondent, we observe that at the hearing on respondent’s                  
          motion, counsel for respondent produced a complete copy of the              
          August 5, 2002 notice of deficiency and represented that it had             
          been obtained from petitioners during discussions by the parties            
          preceding the hearing on respondent’s motion.  Moreover, in an              
          Order issued prior to the hearing, the Court directed petitioners           
          to state whether or not they received the notice of deficiency.             
          In the Order, the Court went on to advise petitioners that in the           
          absence of their denial, the Court would proceed on the basis               
          that they actually received the notice of deficiency within a few           
          days after its date of mailing.  Petitioners never denied                   
          receipt; rather, they continued to challenge the existence or               
          amount of the underlying liability.                                         
               In view of the foregoing, we hold that petitioners are                 
          barred, as a matter of law, from challenging the existence or               
          amount of the underlying tax liability for 2000 in the present              
          collection review proceeding.  Sec. 6330(c)(2)(B).                          
               Finally, petitioners have failed to offer an alternative               
          means of collection (such as an installment payment agreement or            






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