Robert J. Guadagno - Page 7




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          and interest] [sic] on * * * 1995 & 1998 taxes, less the $3449              
          * * * already paid and not the $82,874.19 the I.R.S. claims”.               
                                     Discussion                                       
               The Court may grant summary judgment where there is no                 
          genuine issue of material fact and the decision may be rendered             
          as a matter of law.  Rule 121(b); Sundstrand Corp. v. Commis-               
          sioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir.                
          1994).  We conclude that there are no genuine issues of material            
          fact regarding the questions raised in respondent’s motion.                 
               Petitioner received from respondent a notice of deficiency             
          with respect to his taxable years 1995 and 1998.  Petitioner                
          submitted a document with respect to that notice that the Court             
          had filed as a petition and that commenced the case at docket No.           
          14560-02.  However, petitioner failed to respond to the Court’s             
          September 16, 2002 Order in the case at docket No. 14560-02, in             
          which the Court directed petitioner to file a proper amended                
          petition and to pay a filing fee on or before November 15, 2002.            
          As a result, on March 4, 2003, the Court entered an order of                
          dismissal for lack of jurisdiction in that case.  We conclude               
          that petitioner may not dispute the respective underlying tax               
          liabilities for his taxable years for 1995 and 1998.                        
               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            







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