Brandon Christopher Merriweather - Page 6




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          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 to               








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