- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12Last modified: November 10, 2007