- 4 - grounds are insufficient to challenge respondent’s intent to levy and the filing of notices of lien. Section 6330(c)(2)(A) permits taxpayers to raise any relevant issue, including spousal defenses to collection, challenges to the appropriateness of the Commissioner’s intended collection action, and offers of alternative means of collection. Petitioner does not seek that type of relief permitted and is prohibited from questioning the underlying deficiencies because of the issuance and receipt of the prior notices of deficiency for the same taxable years. See sec. 6330(c)(2)(B). Accordingly, respondent’s motion to dismiss for lack of jurisdiction will be denied, and petitioner’s action will be dismissed for petitioner’s failure to state a claim upon which relief can be granted. To reflect the forgoing, An appropriate order and decision will be entered.Page: Previous 1 2 3 4
Last modified: May 25, 2011