Roland D. Van Fossen - Page 3




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          for lack of jurisdiction on the ground that petitioner is                   
          precluded, under section 6330(c)(2)(B), from seeking relief                 
          because he received statutory notices of deficiency with respect            
          to the taxable periods under consideration.                                 
                                     Discussion                                       
               Respondent seeks to have this matter dismissed, contending             
          that this Court does not have subject matter jurisdiction because           
          petitioner, under section 6330(c)(2)(B), is precluded from                  
          challenging the underlying tax liability during the                         
          administrative proceeding before the Appeals Office.  We note               
          that this procedural question is the same for lien or levy                  
          proceedings because section 6320(c), in pertinent part, causes              
          section 6330(c) and (d) to apply in connection with the conduct             
          of hearings concerning relief sought under section 6320.                    
               The question of our jurisdiction in this type of situation             
          was recently addressed in Goza v. Commissioner, 114 T.C. ___                
          (2000).  In that case, we held that we have jurisdiction to                 
          review respondent’s administrative determinations in lien and               
          levy matters involving circumstances similar to those that we               
          consider in this proceeding.  See id. at ___ (slip op. at 10-11).           
          As in Goza, the only grounds raised by petitioner here concern              
          the underlying tax liabilities.  In that regard, petitioner                 
          contends that the underlying determinations are fraudulent and              
          that respondent had no authority to make the assessments.  These            






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