Peter M. and Susan L. Hoffman - Page 9




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          must decide whether petitioners’ underlying tax liability is at             
          issue.  A taxpayer may challenge “the existence or amount of the            
          underlying tax liability for any tax period 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.”  Sec. 6330(c)(2)(B).                           
               At the hearing, petitioners questioned whether the                     
          assessment had been made within the limitations period.                     
          Raising the issue of whether the limitations period has expired             
          constitutes a challenge to the underlying tax liability.  Boyd              
          v. Commissioner, 117 T.C. 127 (2001); see also MacElvain v.                 
          Commissioner, T.C. Memo. 2000-320.                                          
               Under section 6330(c)(2)(B), the underlying liability is               
          properly at issue if the taxpayer did not receive any statutory             
          notice of deficiency or did not otherwise have an opportunity to            
          dispute the tax liability.  Goza v. Commissioner, 114 T.C. 176,             
          181 (2000).  An opportunity to dispute a liability includes a               
          prior opportunity for a conference with Appeals that was offered            
          either before or after the assessment of the liability.  Sego v.            
          Commissioner, supra at 609-610.                                             
               In the instant case, respondent’s assessment was the result            
          of petitioners’ voluntarily filed amended return.  No notice of             
          deficiency was issued to petitioners, and petitioners have not              
          otherwise had an opportunity to dispute the tax liability.                  






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