Michael Rosen - Page 3

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          to a $250,000 theft loss carried back or carried forward to                 
          applicable tax years.  The only documentation submitted to                  
          respondent as proof of the theft was an “Affidavit of Judgement             
          by Confession” (affidavit of confession) filed with the State of            
          New York civil court and signed by Mr. Gallant.                             
               On November 23, 2004, in a Notice of Determination                     
          Concerning Collection Action(s) under Section 6320 and/or 6330              
          (notice of determination), respondent determined that petitioner            
          failed to establish a theft loss pursuant to section 165(c)(3) in           
          2000.  Respondent also concluded that the notice of Federal tax             
          lien was appropriate and that petitioner owed unpaid taxes,                 
          penalties, and interest totaling $77,530 relating to 1996 through           
          1999 and 2001.                                                              
               On December 27, 2004, petitioner, while residing in Plant              
          City, Florida, filed his petition with the Court seeking a review           
          of the notice of determination.                                             
               Where the validity of the underlying tax liability is at               
          issue, the Court will review the matter de novo.  Davis v.                  
          Commissioner, 115 T.C. 35, 39 (2000).  Petitioner did not receive           
          a notice of deficiency and has not previously been given the                

          all Rule references are to the Tax Court Rules of Practice and              

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Last modified: May 25, 2011