- 2 - Held: P’s 1999 tax liability is properly before this Court subject to de novo review, since P did not receive the notice of deficiency for 1999 and did not otherwise have an opportunity to dispute the liability. Sego v. Commissioner, 114 T.C. 604 (2000), distinguished. Held further, P’s failure to file a return for 1999 does not bar consideration of P’s evidence of his bases in securities sold in 1999. Upon consideration of P’s evidence, the Court finds that P has no tax liability for 1999 and accordingly, the collection action is not upheld. Roger L. Sherer, pro se. Sean Gannon, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION GOEKE, Judge: The issues before us are whether petitioner has received a notice of deficiency for 1999 or otherwise had an opportunity to dispute his tax liability for 1999, and whether petitioner is required to file a Federal income tax return to be allowed his claimed bases in securities he sold in 1999. The petition in this case was filed under section 6330(d)1 in response to a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330 (notice of determination) relating to a Federal tax lien filed for the taxable year 1999. 1Unless otherwise indicated, section references are to the Internal Revenue Code as amended.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011