- 9 - Although respondent issued a notice of deficiency to peti- tioner with respect to his taxable year 1998 and although peti- tioner did not file a petition with the Court with respect to that notice, respondent acknowledges in respondent’s motion that a review of respondent’s examination file with respect to peti- tioner’s taxable year 1998 shows that that notice was returned to respondent as unclaimed. According to respondent, “it appears that petitioner did not receive the notice of deficiency for the year 1998. Accordingly, he may challenge the underlying liabil- ity.” In light of respondent’s concession that petitioner did not receive the notice of deficiency that respondent issued to him for his taxable year 1998, we conclude that petitioner may challenge the existence or the amount of petitioner’s liability for that year. See sec. 6330(c)(2)(B).2 Where, as is the case here, the validity of the underlying tax liability is properly placed at issue, the Court will review the determination of the Commissioner of Internal Revenue on a de novo basis. Sego v. Commissioner, 114 T.C. 604, 610 (2000). 2Sec. 6330(c)(2)(B) provides: (B) Underlying liability.--The person may also raise at the hearing [under sec. 6330(b)] challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. [Emphasis added.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007