Bernhard F. and Cynthia G. Manko - Page 9

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          the assessment arises from mathematical or clerical errors,                 
          arises from tentative carryback or refund adjustments, or is                
          based on the receipt of a payment of tax.  See sec. 6213(b).  The           
          Commissioner may also assess a deficiency without issuing a                 
          deficiency notice if a taxpayer waives the restrictions on                  
          assessment.  Sec. 6213(d).                                                  
               A deficiency notice provides taxpayers certain procedural              
          safeguards.  See Commissioner v. Shapiro, 424 U.S. 614, 616-617             
          (1976).  A deficiency notice entitles a taxpayer to litigate his            
          or her tax liability without first paying the tax the                       
          Commissioner has determined is owing.  Bourekis v. Commissioner,            
          110 T.C. 20, 27 (1998); McKay v. Commissioner, 89 T.C. 1063, 1067           
          (1987), affd. 886 F.2d 1237 (9th Cir. 1989); Mulvania v.                    
          Commissioner, 81 T.C. 65, 67 (1983).  Deficiency notices have               
          been characterized as “tickets to the Tax Court” affording                  
          taxpayers the opportunity to litigate in this forum.  Bourekis v.           
          Commissioner, supra; McKay v. Commissioner, supra; Mulvania v.              
          Commissioner, supra.  A deficiency notice also allows a taxpayer            
          to litigate his or her tax liability before the Commissioner                
          makes an assessment and collection proceedings begin.3                      
          Commissioner v. Shapiro, supra.                                             

               3A taxpayer may generally dispute his or her liability in              
          collection proceedings only if the taxpayer has not previously              
          had the opportunity to dispute it.  Sec. 6330(c)(2)(B); Sego v.             
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114           
          T.C. 176, 180-181 (2000).                                                   





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