Doris Lee Newsome - Page 12




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          income and her underlying 1996 individual Federal income tax                
          liability.                                                                  
               Petitioner argues that she did not receive respondent’s                
          notice of deficiency in December of 1998 and therefore that she             
          now should be able to contest her 1996 underlying Federal income            
          tax liability.  Even if respondent improperly mailed the notice             
          of deficiency, and even if petitioner did not receive the notice            
          of deficiency when it originally was mailed to her, when                    
          petitioner participated in the Appeals Office equivalent hearing            
          relating to respondent’s June 17, 2002, second levy notice,                 
          petitioner did have an opportunity to, and in fact did, discuss             
          and dispute with respondent’s Appeals Office her underlying tax             
          liability.  Accordingly, petitioner may not now, in connection              
          with respondent’s November 4, 2004, NFTL, contest that underlying           
          tax liability.                                                              
               Because petitioner raises no other arguments relating to the           
          NFTL, we shall grant summary judgment in favor of respondent                
          relating to respondent’s November 4, 2004, NFTL and respondent’s            
          October 21, 2005, notice of determination.                                  
               For the reasons stated, we shall deny respondent’s motion to           
          dismiss, and we shall grant respondent’s motion for summary                 
          judgment.                                                                   
                                             An appropriate order will                
                                        be entered.                                   







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