- 5 - Section 6330(c) prescribes the matters that a person may raise at an Appeals Office hearing. In sum, section 6330(c) provides that a person may raise collection issues such as spousal defenses, the appropriateness of the Commissioner's intended collection action, and possible alternative means of collection. Section 6330(c)(2)(B) provides that the existence and amount of the underlying tax liability can be contested at an Appeals Office hearing only if the person did not receive a notice of deficiency for the taxes in question or did not otherwise have an earlier opportunity to dispute the tax liability. See Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, supra. Section 6330(d) provides for judicial review of the administrative determination in the Tax Court or a Federal District Court, as may be appropriate. Petitioner admits that on January 6, 1999, respondent sent her a notice of deficiency for the taxable year 1996. Petitioner also admits that she received the notice of deficiency 3 days later on January 9, 1999. Petitioner does not explain why she could not have filed a petition for redetermination with this Court if she, in fact, disputed respondent’s deficiency determination. See sec. 6213(a). We therefore reject her allegation that she “never had the opportunity to dispute the tax liability”.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011