- 8 - opportunity to dispute such tax liability”. The taxpayers argued before the IRS that they had overstated their tax liability for the taxable year 2000 on their original return and intended to submit an amended return. Although the parties agreed that the taxpayers would be permitted to submit an amended return, the IRS Appeals Office issued the taxpayers a notice of determination concerning collection action before the taxpayers submitted an amended return. The taxpayers subsequently submitted an amended return, but the record did not reflect whether the IRS considered it. We concluded in Montgomery that, as of the time of the issuance of our opinion, the taxpayers had not had an opportunity to dispute the underlying tax liability. We opined that since the taxpayers did not have an earlier opportunity to dispute the underlying tax liability, they came within the provisions of section 6330(c)(2)(B) and could dispute the assessed amounts reflected on the tax return in the context of the collection proceeding. In the present case, petitioner filed amended returns for 1990 through 1993 claiming a refund of taxes for those years. Petitioner was notified by the IRS of a proposed disallowance and was given an opportunity for a hearing in the IRS Appeals Office. On November 2, 2000, the IRS Appeals Office issued a notice of disallowance which explained that if petitioner disagreed withPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011