- 8 - 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 orPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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