Jeffrey Sandor Orling - Page 7




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          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.                          





















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