Thomas R. Hochschild, Sr. - Page 8




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          controversy and incarceration involving the NLRB.  For reasons              
          that petitioner has not explained, he believes that the                     
          outstanding tax liabilities determined by respondent are somehow            
          connected to the NLRB matter and that respondent has joined in a            
          Governmentwide conspiracy against him and his family.                       
               Considering petitioner’s contentions, we proceed to consider           
          whether, in the circumstances of this case, there was an abuse of           
          discretion by respondent in deciding to proceed with collection.            
               1. Was Petitioner Entitled To Challenge the Underlying Tax             
          Liability?                                                                  
               Under section 6330(c)(2)(B), a taxpayer may challenge the              
          “underlying tax liability * * * if * * * [the taxpayer] did not             
          receive any statutory notice of deficiency for such tax liability           
          or did not otherwise have an opportunity to dispute such tax                
          liability.”  Respondent mailed, by certified mail, a statutory              
          notice to petitioner, but petitioner did not claim the notice               
          after several attempts at delivery by the U.S. Postal Service.              
          Section 6330(c)(2)(B) generally conditions the right to challenge           
          the underlying tax liability on a taxpayer’s not receiving a                
          notice or having an opportunity to dispute the liability.                   
               In this case, respondent mailed a statutory notice to                  
          petitioner, but it was not claimed.  So we must consider whether            
          that situation reconciles with the section 6330(c)(2)(B)                    
          condition that a taxpayer “did not receive any statutory notice             






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