- 13 - 2. Section 6330(c)(2)(B) In addition to principles of res judicata, the provisions of section 6330(c)(2)(B) prevent petitioners from challenging in this collection proceeding the existence and amount of their transferee tax liabilities. In an effort to avoid this result, petitioners urge upon us a novel interpretation of section 6330(c)(2)(B). They contend that section 6330(c)(2)(B) authorizes a person to challenge the amount or existence of tax liability in a collection proceeding if the person meets either of two purportedly disjunctive criteria: (1) If the person did not receive any statutory notice of deficiency; or (2) if the person did not otherwise have an opportunity to dispute the tax liability. Petitioners contend they meet the former criterion because they received no statutory notices of deficiency but only statutory notices of transferee liability. Thus, petitioners conclude, the literal language of section 6330(c)(2)(B) permits them to challenge their underlying tax liabilities. We are unaware that any court has explicitly addressed the merits of the highly literal construction of section 6330(c)(2)(B) that petitioners urge upon us. In numerous cases, however, this Court and other courts have implicitly rejected petitioners’ reading of section 6330(c)(2)(B). See, e.g., Aguirre v. Commissioner, 117 T.C. 324 (2001) (taxpayers whoPage: 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