Gary R. Greulich - Page 5

                                        - 4 -                                         
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330 concluding that the liabilities set forth above were            
          correct and unpaid and that the filing of the tax lien was                  
          appropriate.  The Appeals officer also determined that a                    
          consideration of any offer in compromise was inappropriate                  
          because petitioner had not filed tax returns for subsequent                 
          years.  Petitioner timely filed with this Court a petition for              
          review of the Appeals officer’s determinations.  Petitioner                 
          raised only the question of whether the liabilities had been                
          paid.                                                                       
                                     Discussion                                       
               Respondent did not issue petitioner notices of deficiency              
          for the taxable years at issue, and petitioner has not had an               
          opportunity to dispute whether such tax liabilities remain                  
          unpaid.  Petitioner may challenge the existence of the underlying           
          tax liabilities in this Court.  See secs. 6320(c), 6330(c)(2)(B),           
          (d).  Where the validity of the underlying tax liabilities is               
          properly placed at issue, this Court will review the matter on a            
          de novo basis.  Sego v. Commissioner, 114 T.C. 604, 610 (2000);             
          Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                         
               Section 6511 contains two separate provisions to determine             
          the period of limitations for refund or credit claims.  First,              
          section 6511(a) establishes a filing deadline.  Second, section             
          6511(b)(2)(A) establishes a “look-back” period, which provides a            






Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011