- 6 - 6330(c)(2)(B) allows challenges to the existence or amount of the underlying tax liability only if the person did not receive a notice of deficiency or have an opportunity to dispute the liability.3 Section 6330(d) provides for judicial review of the Commissioner’s administrative determination. Where the validity of the underlying tax liability is properly in issue, this Court reviews the matter de novo. Davis v. Commissioner, 115 T.C. 35, 39 (2000). Is Respondent Time Barred From Collecting Petitioner’s Tax Liabilities for 1989 and 1990? Petitioner contends that respondent is time barred from collecting his Federal income tax liabilities for taxable years 1989 and 1990. We review this matter de novo. See MacElvain v. Commissioner, T.C. Memo. 2000-320 (a claim that the limitations period has expired constitutes a challenge to the underlying tax liability). The amount of any Federal income tax imposed generally must be assessed within 3 years after a Federal income tax return is filed. Sec. 6501(a). Where the assessment of Federal income tax is made within the relevant period of limitations, the tax may be collected by levy if the levy is made within 10 years after the 3 Respondent does not contest that petitioner received no notice of deficiency for any year in issue and otherwise had no opportunity to dispute the underlying tax liability.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011