- 10 - 6330(c)(2)(B) from challenging the existence or amount of their underlying tax liability in this collection review proceeding because petitioners received a notice of deficiency for the tax in question. Respondent also contends that the Appeals officer’s review of Form 4340 for petitioners’ account for the taxable year 1997 satisfied the verification requirement of section 6330(c)(1). Petitioners filed an Objection to respondent’s motion, alleging, inter alia, that “respondent has never identified one law that makes petitioners liable, or one law that requires petitioners to pay this tax” and admitting, inter alia, that “they received a Notice of Deficiency from Deborah Decker.” Thereafter, pursuant to notice, respondent’s motion was called for hearing at the Court's motions session in Washington, D.C. Petitioners did not attend the hearing; however, they did file a written statement pursuant to Rule 50(c), which incorporated by reference certain of their prior filings. Respondent’s counsel appeared at the hearing and, based on petitioners’ behavior throughout the proceeding, orally moved for the imposition of a penalty under section 6673. Discussion Section 6331(a) provides that if any person liable to pay any tax neglects or refuses to pay such tax within 10 days after notice and demand for payment, the Secretary is authorized toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011