Sylvester H. Cain - Page 6

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          foreign-source income is taxable have been repeatedly rejected as           
          frivolous.  See, e.g., Takaba v. Commissioner, 119 T.C. 285, 294-           
          295 (2002); Williams v. Commissioner, 114 T.C. 136, 138-139                 
          (2000).  Petitioner’s notion that the notice of deficiency is               
          somehow defective because respondent has not provided him a Form            
          23C is misguided.  Respondent may not assess petitioner’s 2001              
          taxes, and hence would have no occasion to prepare any record of            
          assessment such as Form 23C, until after the Tax Court’s decision           
          has become final in this proceeding to redetermine petitioner’s             
          deficiency.  See sec. 6213(a).  Even then, as we advised                    
          petitioner in our February 3, 2006, Order granting respondent’s             
          motion for summary judgment against petitioner in his collection            
          case at docket No. 22706-04L, the Commissioner is not required to           
          use Form 23C in making an assessment.  See, e.g., Roberts v.                
          Commissioner, 118 T.C. 365, 371 (2002), affd. 329 F.3d 1224 (11th           
          Cir. 2003).  All other arguments raised by petitioner are                   
          similarly groundless.                                                       
               Petitioner had the burden of identifying and proving any               
          deductions to which he might be entitled.  See, e.g., Rockwell v.           
          Commissioner, 512 F.2d 882 (9th Cir. 1975), affg. T.C. Memo.                
          1972-133.  Petitioner failed to do so and has not shown that                
          respondent’s determination is in any way erroneous.2                        

               2 Petitioner has not challenged respondent’s assertion of              
          the accuracy-related penalty pursuant to sec. 6662.  We deem                
                                                             (continued...)           




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