Giuseppe Evangelista - Page 9

                                        - 9 -                                         
               The only issue that petitioner appears to raise in the                 
          petition in this case is the underlying tax liability for peti-             
          tioner’s taxable years 1995, 1996, 1997, 1999, and 2000.  In the            
          petition, petitioner alleges:                                               
               I was under tremendous stress and medical conditions                   
               that did not allow me to function normally in the daily                
               life.  As soon as I became capable of living my normal                 
               life I addressed the issues that burdened me during                    
               that time.  [Reproduced literally.]                                    
               Respondent issued a notice of deficiency to petitioner with            
          respect to his taxable years 1995, 1996, 1997, 1999, and 2000,              
          but petitioner did not file a petition with the Court with                  
          respect to that notice.  On the instant record, we find that                
          petitioner may not challenge the existence or the amount of                 
          petitioner’s unpaid liabilities for 1995, 1996, 1997, 1999, and             
          2000.  See sec. 6330(c)(2)(B); Sego v. Commissioner, 114 T.C.               
          604, 610-611 (2000); Goza v. Commissioner, 114 T.C. 176, 182-183            
          (2000).                                                                     
               Where, as is the case here, the validity of the underlying             
          tax liability is not properly placed at issue, the Court will               
          review the determination of the Commissioner of Internal Revenue            
          for abuse of discretion.  Sego v. Commissioner, supra at 610;               
          Goza v. Commissioner, supra at 182.                                         
               Based upon our examination of the entire record before us,             
          we find that respondent did not abuse respondent’s discretion in            
          making the determinations in the notice of determination with               






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011