Michael A. Zapara and Gina A. Zapara - Page 16

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         the Form 4549-CG, testified credibly, and without contradiction,             
         that the figures in the Form 4549-CG were correct and did not                
         contain the same errors as the plea agreement.4  Our own review of           
         the Form 4549-CG also indicates that the correct amounts of the              
         Toya and Booz checks were included in petitioners’ income as                 
         reflected on that form.                                                      
              C.  Taxable Years 1997 and 1998                                         
              Petitioners’ unpaid tax liabilities for 1997 and 1998 arise             
         from self-assessed amounts reported on their Federal income tax              
         returns.  Petitioners would not have been precluded from                     
         challenging these liabilities under section 6330(c)(2)(B).  See              
         Montgomery v. Commissioner, 122 T.C. 1 (2004).  Nonetheless,                 
         petitioners have raised no challenges to their unpaid tax                    
         liabilities for 1997 and 1998.                                               
         III. Notice and Demand                                                       
              In their pretrial memorandum and at trial, petitioners                  
         argued that they did not receive proper notice and demand for                
         payment as required under section 6331(a).  On brief, however,               
         petitioners make no argument regarding respondent’s compliance               
         with the requirement of notice and demand in section 6331(a).  We            


               4 On the Form 4549-CG, the total amount of tax due for 1993,           
          1994, and 1995 is shown to be $143,470, whereas in petitioners’             
          criminal proceeding the Government indicated that the corrected             
          tax loss was $128,390.29.  Revenue Agent Johnson explained that             
          this difference is attributable to the Government’s use of a flat           
          28-percent tax rate in criminal tax evasion cases.                          




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