- 10 - inter alia, that section 6330(c)(2)(B) barred the taxpayers from challenging the existence or amount of their underlying tax liability in the judicial proceeding. Respondent maintains that section 6330(c)(2)(B) remains a bar to petitioner’s attempt in the present proceeding to challenge the amount of his underlying liability for 1993. Specifically, respondent cites and relies on section 301.6320- 1(e)(3), Q&A-E11, Proced. & Admin. Regs.3 The regulation states as follows: Q-E11. If an Appeals officer considers the merits of a taxpayer’s liability in a CDP hearing when the taxpayer had previously received a statutory notice of deficiency or otherwise had an opportunity to dispute the liability prior to the NFTL [notice of Federal tax lien], will the Appeals officer’s determination regarding those liability issues be considered part of the Notice of Determination? A-E11. No. An Appeals officer may consider the existence and amount of the underlying tax liability as a part of the CDP hearing only if the taxpayer did not receive a statutory notice of deficiency for the tax liability in question or otherwise have a prior opportunity to dispute the tax liability. Similarly, an Appeals officer may not consider any other issue if the issue was raised and considered at a previous 3 The regulation applies to any notice of Federal tax lien that is filed on or after Jan. 19, 1999. Sec. 301.6320-1(j), Proced. & Admin. Regs. The lien in the present case was filed on Aug. 28, 2000. We note that the final regulation added Q&A-E11 to sec. 301.6320-1(e)(3), Proced. & Admin. Regs., which Q&A had not previously been part of the temporary regulation. See sec. 301.6320-1T(e)(3), Temporary Proced. & Admin. Regs., 64 Fed. Reg. 3403 (Jan. 22, 1999); see also T.D. 8979, 2002-6 I.R.B. 466, 468(discussing the addition of Q&A-E11 to the final regulation).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011