- 14 - signed a Form 4549 waiver, consenting to the immediate assessment and collection of taxes, and consequently received no statutory notice of deficiency, were barred from challenging their underlying tax liability in the collection proceeding); Sego v. Commissioner, 114 T.C. 604 (2000) (taxpayers who deliberately refused to accept delivery of deficiency notices repudiated their opportunity to contest the notices of deficiency); Dami v. IRS, 89 AFTR 2d 2002-1368, 2002-1 USTC par. 50,433 (W.D. Pa. 2002) (taxpayer who received a “Recovery Letter” with respect to a trust fund recovery penalty was barred from challenging the underlying tax liability in his collection proceeding); Konkel v. Commissioner, 86 AFTR 2d 2000-6939, 2001-2 USTC par. 50,520 (M.D. Fla. 2000) (similar to Dami v. IRS, supra). Close analysis of petitioners’ statutory interpretation exposes its error and confirms the essential soundness of this line of judicial precedents. In the first instance, we are unpersuaded that petitioners received no “notice of deficiency” within the meaning of section 6330(c)(2)(B). For present purposes, the notices of transferee liability that petitioners received were the equivalents of notices of deficiency.7 7 Sec. 6901(a) provides that transferee liability for the transferor’s income taxes must be “assessed, paid, and collected in the same manner and subject to the same provisions and limitations” as the transferor’s tax liability. Consequently, to (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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