- 10 - action. See Black's Law Dictionary 1312 (7th ed. 1999) (citing Restatement (Second) of Judgments, secs. 17, 24 (1982)); Wright, Law of Federal Courts, sec. 100A at 722-723 (5th ed. 1994). In application to the case before us, this means that the party (Ms. Wooten) who lost the prior case (Wooten v. Commissioner, supra) is precluded in this later collection case from making the same claim the Court rejected in the prior case. Finally, insofar as petitioner seeks to put her tax liabilities in issue, she is also precluded from doing so by section 6330(c)(2)(B), which provides: 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. Of course, petitioner did receive a statutory notice of deficiency for the liabilities in issue, and she had an opportunity, which she took advantage of by filing a petition and participating meaningfully in the Tax Court proceeding, to dispute the liabilities. Issue 2: Payments to Other Agencies Pursuant to section 6402(c) and (d), the Commissioner is legally required to transfer any existing Federal income tax overpayments of a taxpayer to satisfy any obligations of the taxpayer identified in that section, viz, amounts of past-due support owed by that person of which the Secretary has beenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011