- 6 - A taxpayer may raise the issue of the underlying tax liability only if he or she did not receive a statutory notice of deficiency or did not otherwise have an opportunity to dispute such tax liability. Sec. 6330(c)(2)(B). Actual receipt of the notice of deficiency is required. Tatum v. Commissioner, T.C. Memo. 2003-115. Generally, no challenge to the underlying tax liability is allowed where there is evidence that a notice of deficiency was mailed to the taxpayer and no factors are present to rebut the presumption of delivery. See Sego v. Commissioner, supra at 611. Where the taxpayer denies receipt of the notice of deficiency and the Commissioner provides only a copy addressed to the taxpayer and no evidence of its actual mailing, receipt for purposes of section 6330(c)(2)(B) is not presumed. Calderone v. Commissioner, T.C. Memo. 2004-240. In the present case, petitioner asserted that he was not aware of any deficiency. Respondent has offered only copies of the notices of deficiency addressed to petitioner and concedes on brief that actual delivery cannot be proven. Therefore, petitioner was entitled to challenge his underlying tax liabilities in his hearing, and the Appeals officer erred in not allowing petitioner’s arguments on that issue. Our de novo review of respondent’s determination with respect to petitioner’s underlying tax liabilities permits us to consider and resolve the issue. See Priestly v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007