Harold F. Behling - Page 2




                                        - 2 -                                         
                    P filed a Petition for Lien or Levy Action that                   
               was limited to allegations challenging R’s disallowance                
               of the loss.  Subsequently, R filed a motion for                       
               summary judgment.                                                      
                    Held:  Because P received the deficiency notice                   
               and had an opportunity to dispute R’s determination, P                 
               is statutorily barred from challenging the existence or                
               amount of his liability in this proceeding.  Sec.                      
               6330(c)(2)(B), I.R.C.  The fact that R’s Appeals                       
               officer considered the merits of the loss at the                       
               administrative hearing and the further fact that the                   
               notice of determination addressed those merits do not                  
               constitute a waiver of the statutory bar.                              
                    Held, further, sec. 301.6320-1(e)(3), Q&A-E11, Proced.            
               & Admin. Regs., is reasonable and consistent with sec.                 
               6330(c)(2)(B), I.R.C., and its validity is sustained.                  


               Harold F. Behling, pro se.                                             
               Pamela J. Sewell, Sheara L. Gelman, and Alan Levine for                
          respondent.                                                                 


                                       OPINION                                        

               DAWSON, Judge:  This case was assigned to Special Trial                
          Judge Robert N. Armen, Jr., pursuant to the provisions of section           
          7443A(b)(4) and Rules 180, 181, and 183.1  The Court agrees with            
          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                




               1  Unless otherwise indicated, all section references are to           
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011