Paul L. Bowman - Page 12




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               We reject petitioner’s assertion that under Robinette v.               
          Commissioner, supra, respondent’s motion should be denied because           
          the notice of determination did not refer to the 2001 notice of             
          deficiency and the 2002 notice of deficiency.6  See, e.g., Dues             
          v. Commissioner, T.C. Memo. 2005-109; Poe v. Commissioner, T.C.             
          Memo. 2005-107; Stoewer v. Commissioner, T.C. Memo. 2003-71.  In            
          each of those cases, the Commissioner issued a notice of defi-              
          ciency to the taxpayer.  The notice of determination involved in            
          each such case did not refer explicitly to any such notice.                 
          Nonetheless, the Court granted the Commissioner’s motion for                
          summary judgment in each such case.  We hold that neither                   
          Robinette v. Commissioner, supra, nor any other authority pre-              
          cludes the Court’s consideration of the 2001 notice of deficiency           
          and the 2002 notice of deficiency in determining whether to grant           
          respondent’s motion.7                                                       



               6Petitioner also raises a hearsay objection to the 2001                
          notice of deficiency and the 2002 notice of deficiency.  “‘Hear-            
          say’ is a statement, other than one made by the declarant while             
          testifying at the trial or hearing, offered in evidence to prove            
          the truth of the matter asserted.”  Fed. R. Evid. 801(c).                   
          Respondent did not attach as exhibits to respondent’s motion the            
          2001 notice of deficiency and the 2002 notice of deficiency for             
          the truth of the matters asserted therein.  We reject peti-                 
          tioner’s hearsay objection to the 2001 notice of deficiency and             
          the 2002 notice of deficiency.                                              
               7We note that sec. 6330(c)(1) does not mandate that the                
          Appeals Office provide a taxpayer with a copy of the verification           
          upon which that office relied in satisfying the verification                
          requirements of that section.  Craig v. Commissioner, 119 T.C.              
          252, 261-262 (2002).                                                        





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