Wayne A. and Marykay Weishan - Page 7




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          and possible 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 taxpayer did not receive a notice of              
          deficiency for the taxes in question or did not otherwise have an           
          earlier opportunity to dispute such tax liability.  The taxpayer            
          in Goza had received a notice of deficiency, yet failed to file a           
          petition for redetermination with the Court.  When the taxpayer             
          subsequently attempted to use the Court’s collection review                 
          procedure as a forum to assert frivolous and groundless                     
          constitutional arguments against the Federal income tax, the                
          Court dismissed the petition for failure to state a claim upon              
          which relief can be granted.                                                
               As was the case in Goza v. Commissioner, supra, petitioners            
          received a notice of deficiency for the year in issue and failed            
          to file a timely 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                 
          liability in this collection review proceeding.  Even if                    
          petitioners were permitted to challenge their underlying tax                
          liability, their argument that respondent cannot assess an amount           
          in excess of that reported in their tax return is frivolous and             
          groundless.                                                                 








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