Roland D. Van Fossen - Page 4




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          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.                                   


















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