- 8 - 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. Petitioners challenge the assessments entered against them on the ground that the notices of deficiency for 1996 and 1997 are invalid. However, the record shows that petitioners received the notices of deficiency and disregarded the opportunity to file a petition for redetermination with the Court. It follows that section 6330(c)(2)(B) bars petitioners from challenging the existence or amount of their underlying tax liabilities for 1996 and 1997 in this collection review proceeding. Even if petitioners were permitted to challenge the validity of the notices of deficiency, petitioners’ argument that the notices are invalid because respondent’s Service Center director is not properly authorized to issue notices of deficiency is frivolous and groundless. See Nestor v. Commissioner, 118 T.C. 162 (2002); Smeton v. Commissioner, T.C. Memo. 2002-140; Coleman v. Commissioner, T.C. Memo. 2002-132. As the Court of Appeals for the Fifth Circuit has remarked: “We perceive no need to refute these arguments with somber reasoning and copious citationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011