- 10 - issues in the instant section 6330 proceeding with respect to the return assessments. Excepting the issue of the period of limitations on collection,4 we disagree with respondent concerning the application of collateral estoppel with respect to the examination assessments. Those assessments were not the subject of petitioner’s claim to quiet title in the District Court case. The District Court considered assessments made on June 6, 1988, the date of the return assessments, and not assessments made on September 11, 1989, and June 11, 1990, the dates on which the examination assessments were made, in reaching its determination. The District Court’s conclusion that no notices of deficiency were required was premised on the fact that the amounts assessed had been reported on petitioner’s returns, a condition not present in the case of the examination assessments. Thus, petitioner is not collaterally estopped from contesting the validity of, adequacy of notice concerning, or requirement of notices of deficiency preceding, the examination assessments, because the conditions for collateral estoppel do not exist for those issues. 4 Since petitioner is collaterally estopped from asserting the invalidity of the Form 900 extending the period of limitations on collections for the 1984 through 1987 tax years to Dec. 31, 2000, and respondent’s notice to petitioner of his hearing rights under section 6330 and petitioner’s request for a hearing occurred before that date, the period of limitations for collection of those years remains open. See sec. 6330(e)(1).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011