Dale L. Oyer, Transferee, et al. - Page 16

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          that, taken together, make up the complete class of persons who             
          satisfy the single operative criterion.                                     
               Moreover, petitioners’ argument founders again in failing to           
          appreciate that what it mischaracterizes as separate criteria are           
          expressed as negations (i.e., persons who did not receive                   
          deficiency notices or persons who did not otherwise have an                 
          opportunity to dispute the tax liability).  Rather than                     
          signifying alternative circumstances in which a person will be              
          qualified to challenge the underlying tax liability (as                     
          petitioners contend), these negations denote, in essence,                   
          circumstances in which a person may be disqualified from doing              
          so.8                                                                        
               In sum, the sense of section 6330(c)(2)(B) is that a person            
          may challenge the tax liability in a collection proceeding if               
          that person lacked another opportunity to raise the challenge, by           


               8 The flaws in petitioners’ logic might be made more evident           
          with a homely example:  a child is told that she may have dessert           
          if she did not eat a cookie on the schoolbus or did not otherwise           
          have sweets after school.  This ingenious child--petitioners’               
          figurative progeny--confesses that she ate sweets all afternoon             
          but argues that she is still entitled to dessert because she ate            
          no cookie on the bus.  Result:  no dessert.                                 
               If the child is not only ingenious but persistent as well,             
          she might protest that this result effectively transforms                   
          disjunctive criteria (not eat a cookie or not otherwise have                
          sweets) into conjunctive criteria (not eat a cookie and not                 
          otherwise have sweets).  She might be answered that there never             
          were two criteria to be either disjoined or conjoined, but only             
          the one operative criterion that she not eat sweets after school,           
          the business about the cookie being a prime example of the                  
          stricture.                                                                  





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