Ronald and Barbara Carter - Page 5

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          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 received              







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