- 11 - In Goza v. Commissioner, 114 T.C. 176 (2000), we explained that section 6330(c) provides for an Appeals Office hearing to address collection issues such as spousal defenses, the appropriateness of the Commissioner's intended collection activities, and possible alternative means of collection. The taxpayer in Goza had received a notice of deficiency, yet failed to file a petition for redetermination with the Court. When the taxpayer subsequently attempted to use the Court's procedures governing Lien and Levy Actions as a forum to assert frivolous and groundless constitutional arguments against the Federal income tax, we cited the statutory limitation imposed under section 6330(c)(2)(B) and dismissed the petition for failure to state a claim upon which relief could be granted.6 Based on our review of the record in this case, we hold that there is no dispute as to a material fact and that respondent is entitled to partial summary judgment as a matter of law. In particular, the record in the instant case shows that petitioner received notices of deficiency for the taxable years 1980, 1981, 1982, and 1983. Morever, petitioner filed petitions with the Court contesting those notices. As previously discussed, those petitions were disposed of either by stipulated decision, order 6 In Goza v. Commissioner, 114 T.C. 176 (2000), the Commissioner moved to dismiss for failure to state a claim before filing an answer. In the present case, respondent did not move for partial summary judgment until well after the case was at issue within the meaning of Rule 38.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011