Harold F. Behling - Page 12




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          with the plain language of section 6330(c)(2)(B), which states              
          that neither the existence nor the amount of the underlying tax             
          liability can be challenged during the collection review process            
          unless the person did not receive a notice of deficiency or did             
          not otherwise have an earlier opportunity to dispute such tax               
          liability.  From the Court’s perspective, section 301.6320-                 
          1(e)(3), Q&A-E11, Proced. & Admin. Regs., presents a reasonable             
          and “taxpayer-friendly” approach to the collection review process           
          reflecting “respondent’s good-faith effort to further a                     
          fundamental policy underlying section 6330; i.e., to provide a              
          taxpayer with a final opportunity for administrative review” of             
          his or her tax liability.  Kennedy v. Commissioner, 116 T.C. 255,           
          262 (2001).  As in Kennedy, in which we held that the                       
          Commissioner’s decision to grant the taxpayer a so-called                   
          “equivalent hearing” did not result in a waiver by the                      
          Commissioner of the 30-day time limit within which the taxpayer             
          was required to request an Appeals Office hearing, we hold in               
          this case that respondent’s decision to permit petitioner to                
          offer information at the Appeals Office hearing relevant to the             
          existence or amount of his underlying tax liability did not                 
          result in a waiver by respondent of the restriction set forth in            
          section 6330(c)(2)(B).                                                      



               4(...continued)                                                        
          limitations imposed by sec. 6330(c)(2)(B) or sec. 6330(c)(4).               





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