- 12 - 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).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007