John Alfred Laszloffy - Page 6

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          his or her underlying tax liability for that year.  Nestor v.               
          Commissioner, 118 T.C. 162, 165-166 (2002).                                 
               Petitioner’s receipt of the notice of deficiency for 1992              
          and 1993 would appear to preclude petitioner from challenging in            
          the collection hearing and in this case his 1992 and 1993 Federal           
          income tax liabilities.  Petitioner, however, argues that the               
          notice of deficiency relating to 1992 and 1993 issued by                    
          respondent was invalid on its face because the notice of                    
          deficiency was based on third-party information returns and                 
          Bureau of Labor Statistics figures.  Petitioner argues that, if             
          the notice of deficiency was invalid, the Tax Court would not               
          have had jurisdiction to redetermine the deficiencies determined            
          by respondent, and thus that petitioner, in fact, did not have an           
          opportunity to challenge his 1992 and 1993 tax liabilities.                 
               We reject petitioner’s argument.  A notice of deficiency may           
          be treated as invalid where the face of the notice of deficiency            
          itself establishes that respondent did not consider information             
          that relates to a particular taxpayer and therefore did not                 
          actually make a determination.  Scar v. Commissioner, 814 F.2d              
          1363, 1367-1369 (9th Cir. 1987), revg. 81 T.C. 855 (1983).                  
               A deficiency determination, however, made by respondent                
          based on third-party information returns and statistical                    
          information relating to the taxpayer, as is the case herein, is a           








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