Thomas Butti - Page 7

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          hearing.  The Appeals officer knew that petitioner had raised               
          numerous issues, none of which the Appeals officer characterized            
          as frivolous.  We conclude that petitioner did not have an                  
          opportunity for a hearing as required by section 6330(b).                   
          B.   Whether Petitioner Received the Notice of Deficiency for               
               1989 and 1990                                                          
               A taxpayer may challenge the existence or amount of the                
          underlying tax liability if he or she did not receive a notice of           
          deficiency or otherwise have an opportunity to dispute that tax             
          liability.  Sec. 6330(c)(2)(B); Goza v. Commissioner, 114 T.C.              
          176, 180-181 (2000).                                                        
               Petitioner contends that he did not receive the notice of              
          deficiency for 1989 and 1990 and that he is not liable for tax in           
          the amount stated in the notice of determination.                           
               Respondent points out that the Form 3877 states that                   
          respondent mailed a notice of deficiency to petitioner, Gowanda             
          records state that Gowanda received the item of mail listed in              
          the Form 3877, and that petitioner signed for two articles of               
          certified mail on January 21, 1999.  Respondent contends, based             
          on the presumption of official regularity, that petitioner                  
          received the notice of deficiency.                                          
               Petitioner testified that he did not receive the notice of             
          deficiency.  Respondent asks us to disregard petitioner’s                   
          testimony because he has a criminal record.  We disagree.                   
          Petitioner’s habit is to aggressively assert his rights in                  





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