- 6 - assertions to overcome the strong presumption of proper mailing and delivery in the instant case. Figler v. Commissioner, T.C. Memo. 2005-230. Accordingly, petitioner failed to establish that there is a genuine issue of material fact in this case. Petitioner also did not offer any factual information to rebut respondent’s position that petitioner raised only the liability issue before the Appeals officer. Based upon the petition and petitioner’s testimony, we find that such is the only issue in this case. Because petitioner cannot raise the underlying liability for 2002 in this proceeding, we sustain respondent’s determination and shall grant respondent’s Motion for Summary Judgment. To reflect the foregoing, An order and decision will be entered.Page: Previous 1 2 3 4 5 6 7Last modified: November 10, 2007