- 6 - one reflecting changes to his account for 1987 and the other reflecting changes to his account for 1989. The notice for 1987 credited petitioner’s account $2,346 for tax withheld and abated $3,260.71 in interest. The notice for 1989 credited petitioner’s account $278 for tax withheld. Unpaid Balance As of March 11, 2002, petitioner had unpaid income tax liabilities, including penalties and interest, for 1987 and 1989 of $3,213.73 and $9,070.31, respectively. OPINION Pursuant to section 6330(c)(2)(A), a taxpayer may raise at the section 6330 hearing any relevant issue with regard to the Commissioner’s collection activities, including spousal defenses, challenges to the appropriateness of the Commissioner’s intended collection action, and alternative means of collection. Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114 T.C. 176, 180 (2000). If a taxpayer received a statutory notice of deficiency for the years in issue or had the opportunity to litigate the underlying tax liability, the taxpayer is precluded from challenging the existence or amount of the underlying tax liability. Sec. 6330(c)(2)(B); Sego v. Commissioner, supra at 610-611; Goza v. Commissioner, supra at 182-183. Additionally, a taxpayer is precluded from relitigating issues raised and considered in any previous Appeals hearing or any otherPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011