- 14 - should have considered and reviewed the merits of the underlying 1995 tax liability because (1) respondent did not offer them the opportunity of an Appeals conference after the first notice of deficiency was rescinded and (2) petitioners did not receive the second notice of deficiency for 1995. At the outset, we must note that petitioners acknowledged receipt of the second notice of deficiency, and respondent’s employees specifically cautioned them in writing to petition this Court if they wished to appeal respondent’s determination. However, petitioners failed to file a petition in response to the second notice in which respondent determined a self-employment tax deficiency for 1995. Under section 6330(c)(2)(B) petitioners are specifically precluded from questioning the merits of the underlying tax liability for 1995 because they failed to petition from respondent’s determination. Petitioners also contend that respondent should have provided them with Appeals consideration of their 1995 tax year after the issuance and rescission of the first notice. In that regard, respondent agreed to, and, did rescind the first notice of deficiency, and after about 4 months, a second notice was issued. Petitioners sought to meet with Appeals, but the record is silent on whether they were afforded Appeals consideration after rescission of the January notice and issuance of the May notice. Even if respondent had not provided petitioners with anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011