- 3 - 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. OPINION 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 1(...continued) all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011