Calvin Earl Humphries - Page 6

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          any tax neglects or refuses to pay such tax within 10 days of               
          notice and demand for payment, the Secretary may collect such tax           
          by levy upon the taxpayer's property.  Section 6330 generally               
          provides that the Secretary cannot proceed with the collection of           
          taxes by way of a levy until the taxpayer has been given notice             
          and an opportunity for administrative review in the form of an              
          Appeals Office hearing.  Section 6330(c) provides for an Appeals            
          Office due process hearing to address collection issues                     
          including, among other things, alternative means of collection.             
               In connection with matters to be considered at a collection            
          due process hearing under section 6330, section 6330(c)(2)(B)               
          states:                                                                     

                    (B) Underlying liability.-–The person may also raise at           
               the hearing challenges to the existence or amount of the               
               underlying tax liability for any tax period if the person              
               did not receive any statutory notice of deficiency for such            
               tax liability or did not otherwise have an opportunity to              
               dispute such tax liability.                                            

               It is evident from the above that a notice of deficiency was           
          never issued to petitioner for 1994; however, it is also evident            
          that petitioner was otherwise provided an opportunity, before the           
          assessment, to dispute his 1994 liability.  Aguirre v.                      
          Commissioner, 117 T.C. 324 (2001).  He admitted so in his                   
          testimony.  Even if petitioner was not aware that he had waived             
          his rights to challenge the determination because of the Form               






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