- 28 - offers in support of his contention is the recital that tax return positions are treated as admissions unless overcome with cogent evidence they are wrong. See, e.g., Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam T.C. Memo. 1968-26; Lare v. Commissioner, 62 T.C. 739, 750 (1974), affd. without published opinion 521 F.2d 1399 (3d Cir. 1975). This is the first case in which the Commissioner and a taxpayer have asked us to address the taxpayer’s ability to challenge collection of the tax assessed on the basis of his own 10(...continued) (6) Appeals’ interpretation of have [sic] an opportunity to dispute such tax liability is that the taxpayer must be ADVISED, in writing of the opportunity to dispute whatever the issue is by going to Appeals, for example, in some letter, publication or similar correspondence. We do not assume that taxpayers are aware of their legal rights unless they have been advised. a. Having an opportunity to pay the tax and file a claim for refund, and not having done so, does not constitute an opportunity to dispute the liability. b. Also, not having filed an amended return during the applicable time period does not constitute an opportunity to dispute the liability. c. Having an opportunity to dispute the liability means an opportunity occurring before the claim period, (in most cases, this means before assessment, but in all cases it means before payment). This may be the chance to go to Tax Court, or otherwise having the chance to go to Appeals (whether deficiency or non- deficiency cases.)Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011