Gary G. Boyd - Page 6




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          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.                        




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