- 6 - deficiency, yet failed to file a petition for redetermination with the Court. When the taxpayer subsequently attempted to use the Court's collection review procedure as a forum to assert frivolous and groundless constitutional arguments against the Federal income tax, the Court dismissed the petition for failure to state a claim upon which relief can be granted. As was the case in Goza v. Commissioner, supra, it is evident that petitioner received a notice of deficiency for 1995 and 1996, failed to file a timely petition for redetermination with the Court challenging such notice pursuant to section 6213(a), and now is attempting to contest his underlying tax liabilities for those years in this collection review proceeding. Under the circumstances, section 6330(c)(2)(B) clearly provides that petitioner is barred from contesting the existence or amount of his tax liabilities for 1995 and 1996 before the Appeals Office. Petitioner failed to raise a spousal defense or to challenge respondent's proposed levy by offering a less intrusive means for collecting the taxes for 1995 and 1996 in either the Appeals Office hearing or in his petition for review filed with the Court. See sec. 6330(c)(2)(A). These issues are now deemed conceded. See Rule 331(b)(4). In the absence of a justiciable issue for review with respect to the taxable years 1995 and 1996, we shall grant respondent’s motion to dismiss with respect toPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011