William Wilson - Page 10




                                       - 10 -                                         
          collection.  Section 6330(c)(2)(B) provides that the existence              
          and amount of the underlying tax liability can be contested at an           
          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.                   
               A.  Summary Judgment                                                   
               Petitioner challenges the assessments made against him on              
          the ground that the notices of deficiency issued to him are                 
          invalid.  However, the record shows that petitioner received the            
          notices of deficiency and disregarded the opportunity to file a             
          petition for redetermination with this Court.  See sec. 6213(a).            
          It follows that section 6330(c)(2)(B) generally bars petitioner             
          from challenging the existence or amount of his underlying tax              
          liabilities in this collection review proceeding.                           
               Even if petitioner were permitted to challenge the validity            
          of the notices of deficiency, petitioner’s 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, 165 (2002); Goza v. Commissioner, supra.  Further, as the              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011