- 3 - underlying liability.1 Nevertheless, on or about June 13, 2001, the Appeals officer advised petitioner that he would postpone issuing a notice of determination in order to allow her to submit a request to respondent’s Examination Division for audit reconsideration of her 1996 tax liability. However, petitioner apparently failed to do so, and, on August 31, 2001, the Appeals Office issued its Notice of Determination sustaining respondent’s proposed collection action. On October 1, 2001, petitioner filed with the Court a Petition for Lien or Levy Action seeking review of respondent’s notice of determination.2 The only issue raised in the petition is a challenge to petitioner’s underlying tax liability. As previously stated, respondent filed a Motion To Dismiss For Failure To State A Claim Upon Which Relief Can Be Granted. Respondent contends that petitioner is barred by section 6330(c)(2)(B) from challenging the existence or amount of her tax liability in this collection review proceeding because she received a notice of deficiency. Petitioner filed a Response, objecting to respondent’s motion. In her Response, petitioner alleges that she “never had 1 Unless otherwise indicated, all section references are to the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2 At the time that the petition was filed, petitioner resided in Pittsburgh, Pa.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011