James Wilson Richmond, Jr. - Page 9

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               The crux of petitioner’s complaint is that had respondent              
          applied petitioner’s 1999 overpayment as an estimated tax payment           
          toward his 2000 tax liability, petitioner’s 2000 tax liability              
          would have been paid.  Thus, petitioner challenges his underlying           
          tax liability for the year at issue.  See Landry v. Commissioner,           
          116 T.C. 60, 62 (2001).                                                     
               Respondent did not issue, and petitioner did not receive, a            
          statutory notice of deficiency for 2000.  Petitioner’s 2000 taxes           
          were not discharged in his bankruptcy proceeding, and he did not            
          otherwise have an opportunity to argue that his 1999 overpayment            
          should be applied to his 2000 tax liability.  Consequently,                 
          petitioner may challenge that liability, and we have jurisdiction           
          to consider it.  We also have jurisdiction to consider                      
          petitioner’s tax liabilities for 1999 and 1994, years that were             
          not the subject of the notice of determination, insofar as they             
          are relevant to computing petitioner’s 2000 tax liability.  See             
          Freije v. Commissioner, 125 T.C. 14 (2005).                                 
          B.   Verification That Requirements of Applicable Law and                   
               Administrative Procedure Have Been Met                                 
               Section 6330 requires the Appeals officer to verify that               
          the requirements of any applicable law or administrative                    
          procedure have been met.  Consequently, the Appeals officer must            
          verify that the underlying tax was properly assessed.                       
               Section 6201 authorizes the Secretary to assess all taxes              
          reported by the taxpayer on his/her return.  Generally, the                 





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