William A. Hoffman, Jr. - Page 4




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                         (B) Underlying liability.--The person may also               
                    raise at the hearing challenges to the existence or               
                    amount of the underlying tax liability for any tax                
                    period if the person did not receive any statutory                
                    notice of deficiency for such tax liability or did not            
                    otherwise have an opportunity to dispute such tax                 
                    liability.                                                        
                   *       *       *       *       *      *       *                  
               (d) Proceeding after hearing.--                                        
               (1) Judicial review of determination.--The person may,                 
               within 30 days of a determination under this section, appeal           
               such determination–-                                                   
                         (A) to the Tax Court (and the Tax Court                      
                    shall have jurisdiction to hear such matter);                     
                    * * *.                                                            
               In a recent opinion, Goza v. Commissioner, 114 T.C. 176                
          (2000), the taxpayer received a notice of deficiency and failed             
          to petition this Court for redetermination with respect thereto.            
          At the due process hearing pursuant to section 6330(b), the                 
          taxpayer challenged the underlying deficiency on constitutional             
          grounds.  The Commissioner issued a determination letter to the             
          taxpayer, and the taxpayer timely filed a petition for review               
          with this Court.  The Court granted the Commissioner's motion to            
          dismiss the petition for failure to state a claim on the grounds            
          that the taxpayer could not challenge the underlying deficiency.            
          The Court held that a taxpayer who received a notice of                     
          deficiency and failed to file a petition for redetermination of             
          that deficiency with this Court was precluded from later                    







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Last modified: May 25, 2011