Henry M. Lloyd - Page 44




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          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).                   





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