- 9 - Generally, the proposed levy actions are suspended for the pendency of the hearing and any judicial appeals therein. Sec. 6330(e)(1). B. Petitioner’s Contentions 1. Underlying Tax Liability Petitioner contends that he was improperly precluded at his Appeals Office hearing from challenging his underlying tax liability for the 3 tax years at issue. He bases this claim on the Appeals officer’s refusal to engage in a colloquy with him regarding his frivolous protestations about the existence of any legal requirement to pay income taxes, and on his allegation that the notices of deficiency for the years at issue were invalid because they were not issued by the Secretary, and because he was not given a copy of the order delegating authority from the Secretary to the Director of the Service Center who issued them. A taxpayer may contest the existence or amount of the underlying tax liability at an Appeals Office hearing only if the taxpayer did not receive any statutory notice of deficiency for the tax liability or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B); see Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114 T.C. 176, 180-181 (2000). Petitioner received notices of deficiency for the 3 tax years at issue. Petitioner did not seek redetermination of the deficiencies in this Court. He did,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011