Harold F. Behling - Page 10




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          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).            






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