Robert Baxter - Page 7




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               Petitioner filed an Amended Petition for lien or levy action           
          under section 6320(c) or 6330(d) on September 19, 2000.                     
          Discussion                                                                  
               Section 6330(c)(2)(B) provides:                                        
                    (B) Underlying liability.--The person may also                    
               raise at the hearing challenges to the existence or                    
               amount of the underlying tax liability for any tax                     
               period if the person did not receive any statutory                     
               notice of deficiency for such tax liability or did not                 
               otherwise have an opportunity to dispute such tax                      
               liability.                                                             
               We have previously found as a fact that petitioner refused             
          delivery of the statutory notice of deficiency for 1995, mailed             
          to him on April 29, 1998.  Petitioner did not petition this Court           
          from the April 29, 1998, notice.  He is, therefore, by law,                 
          prohibited from challenging his 1995 Federal income tax liability           
          in a section 6330 hearing or proceeding.  See Sego v.                       
          Commissioner, supra.  Because petitioner is prohibited from                 
          challenging his 1995 Federal income tax liability in such a                 
          hearing or proceeding, his underlying 1995 Federal income tax               
          liability is not properly at issue in this case.  Goza v.                   
          Commissioner, 114 T.C. 176 (2000).                                          
          Conclusion                                                                  
               Because petitioner is prohibited from challenging his                  
          underlying 1995 Federal income tax liability and penalty in this            
          proceeding, and because petitioner raises no other justiciable              








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