- 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