William G. Koenig - Page 13




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          of the Commissioner's intended collection action, and possible              
          alternative means of collection.  Section 6330(c)(2)(B) provides            
          that the existence or the amount of the underlying tax liability            
          can be contested at an Appeals Office hearing if the person did             
          not receive a notice of deficiency or did not otherwise have an             
          earlier opportunity to dispute such tax liability.  Goza v.                 
          Commissioner, 114 T.C. 176, 180-181 (2000); see Sego v.                     
          Commissioner, 114 T.C. 604, 609 (2000).  Section 6330(d) provides           
          for judicial review of the administrative determination in the              
          Tax Court or Federal District Court.                                        
               A.  Summary Judgment                                                   
               In his petition, petitioner challenges the existence of the            
          underlying tax liability.  Respondent contends that petitioner is           
          barred under section 6330(c)(2)(B) from challenging the existence           
          or amount of his underlying tax liability in this collection                
          review proceeding because petitioner received a notice of                   
          deficiency for the tax in question.  Respondent deduces the                 
          factual predicate for this contention from the fact that the                
          notice of deficiency was mailed to petitioner at his last known             
          address and from petitioner’s failure to deny receiving the                 
          notice of deficiency.  Rather, petitioner only denied receiving a           
          “valid” notice of deficiency.  See Kiley v. Commissioner, T.C.              
          Memo. 2002-315 (taxpayer’s denial of receiving “valid” notice of            
          deficiency” did not mean that taxpayer failed to receive notice             






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