- 4 - support of this assertion, nor did they propose any collection alternatives. On April 29, 2004, respondent issued a Notice of Determination to petitioners concluding “the IRS’s filing of the NTFL was appropriate given the facts and circumstances presented for Appeals consideration in this case and is therefore sustained”. Petitioners filed a timely petition in this Court appealing the Appeals officer’s determination. The only issue petitioners raised, both during appeals and at trial, was a challenge to the validity of the underlying income tax liability for the year at issue. Petitioners may challenge the underlying tax only if they did not receive a statutory notice of deficiency or were not otherwise afforded an opportunity to dispute the tax liability. Sec. 6330(c), (c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114 T.C. 176, 182-183 (2000). Receipt of a notice of deficiency for purposes of this section means receipt in time to petition this Court for a redetermination of the deficiency asserted in the notice. Sec. 301.6330-1(e), Q&A-E2, Proced. & Admin. Regs. Petitioners asserted for the first time at trial that they never received the above-mentioned notices of deficiency. Respondent has the burden of showing that petitioners receivedPage: Previous 1 2 3 4 5 6 7 8 Next
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