- 10 - alternative means of collection. Section 6330(c)(2)(B) provides that neither the existence nor the amount of the underlying tax liability can be contested at an Appeals Office hearing unless the person did not receive a notice of deficiency or did not otherwise have an earlier opportunity to dispute such tax liability. Goza v. Commissioner, 114 T.C. 176 (2000). Section 6330(d) provides for judicial review of the administrative determination in the Tax Court or Federal District Court. Petitioner contends that respondent’s Motion for Summary Judgment, as supplemented, should be denied on the ground that material issues of fact remain in dispute with regard to the statutory basis for his tax liability and the integrity of the Appeals Office hearing. As our summary of the amended petition reveals, petitioner’s primary position is that the assessment made against him is invalid because respondent failed to demonstrate that he is liable for Federal income taxes. Petitioner’s argument is untenable for two reasons. First, there is no dispute in this case that petitioner received the notice of deficiency dated May 8, 1998, and disregarded the opportunity to file a petition for redetermination with this Court. Under the circumstances, section 6330(c)(2)(B) bars petitioner from challenging the existence or the amount of his underlying tax liability for 1995 in this collection review proceeding.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011