- 12 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011