- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011