- 44 - note 17 and accompanying text and note 18. Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). We conclude that there are no genuine issues of material fact regarding the questions raised in respondent’s motion. A taxpayer may raise challenges to the existence or the amount of the taxpayer’s underlying tax liability if the taxpayer did not receive a notice of deficiency or did not otherwise have an opportunity to dispute such liability. Sec. 6330(c)(2)(B). In petitioner’s response, petitioner does not dispute the existence or the amount of petitioner’s unpaid liabilities for 1990, 1991, 1992, 1994, 1996, 1997, and 2002.25 Where, as is the case here, the validity of the underlying tax liability is not properly placed at issue, the Court will review the determination of the Commissioner of Internal Revenue (Commissioner) for abuse 25In fact, petitioner does not advance in petitioner’s response any arguments with respect to the existence or the amount of petitioner’s unpaid liabilities for 1990, 1991, 1992, 1994, 1996, 1997, and 2002. Assuming arguendo that petitioner were disputing in petitioner’s response the existence or the amount of petitioner’s unpaid liabilities for those years, on the record before us, we find that petitioner may not challenge the existence or the amount of those liabilities. That is because petitioner did not do so at the Appeals Office hearing. See Washington v. Commissioner, 120 T.C. 114, 123-124 (2003).Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 NextLast modified: March 27, 2008