Patrick M. Shannon - Page 16

                                       - 15 -                                         
          a matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there are no genuine issues of material fact                  
          regarding the questions raised in respondent’s motion.7                     
               A taxpayer may raise challenges to the existence or the                
          amount of the taxpayer’s underlying tax liability if the taxpayer           
          did not receive a notice of deficiency or did not otherwise have            
          an opportunity to dispute the tax liability, sec. 6330(c)(2)(B),            
          including the tax liability reported in the return that such                
          taxpayer filed, Montgomery v. Commissioner, 122 T.C. 1 (2004).              
          Where the validity of the underlying tax liability is properly              
          placed at issue, the Court will review the matter on a de novo              
          basis.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.             
          Commissioner, 114 T.C. 176, 181-182 (2000).                                 
               We turn first to the tax that respondent assessed with                 
          respect to petitioner’s taxable year 1999.  With respect to the             
          tax of $7,691 determined in the 1999 notice of deficiency that              
          respondent assessed on February 24, 2003, petitioner received               
          that notice, but he did not file a petition with respect to it.             


               7The party opposing summary judgment must set forth specific           
          facts that show a genuine issue of material fact exists and may             
          not rely merely on allegations or denials in the pleadings.                 
          Grant Creek Water Works, Ltd. v. Commissioner, 91 T.C. 322, 325             
          (1988); Casanova Co. v. Commissioner, 87 T.C. 214, 217 (1986).              
          As indicated supra note 1, petitioner did not file a response to            
          respondent’s motion.  Petitioner relies merely on allegations in            
          the petition.                                                               




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011