- 3 - 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. ThesePage: Previous 1 2 3 4 Next
Last modified: May 25, 2011