- 5 - mother’s Federal estate tax return that had been filed with respondent. During the telephone conference, respondent’s Appeals officer informed petitioner that petitioner’s underlying tax liability could not be challenged at the hearing because petitioner had received a notice of deficiency with regard thereto. In connection with the hearing, the Appeals officer also informed petitioner that respondent had no record indicating that a Federal estate tax return had been filed on behalf of petitioner’s deceased mother, and petitioner failed to provide to the Appeals officer any proof that such a return had been filed. Also in connection with the hearing, the Appeals officer reviewed petitioner’s case file and verified that all applicable collection laws and administrative procedures were satisfied. On April 2, 2002, respondent issued to petitioners the notice of determination sustaining the proposed levy.4 OPINION In the context of a section 6330 hearing, a challenge to the taxpayer’s underlying tax liability will be considered only if the taxpayer did not receive a notice of deficiency or otherwise have a prior opportunity to dispute the underlying tax liability. 4 Respondent concedes that the assessment, the notice of intent to levy, and the notice of determination mailed to petitioners erroneously included petitioner Rosemary Burbridge.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011