Peggy A. Farley - Page 9

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          the claim disallowance, that she had the right to file a suit for           
          refund in either the United States District Court or the United             
          States Court of Federal Claims.  The record does not reflect that           
          any suit was filed seeking a refund.                                        
               Petitioner asserts in her objection that:                              
               9.  Pursuant to receipt of respondent’s appeals action,                
               petitioner hired an attorney to conduct further action,                
               especially court actions.  Petitioner was not kept                     
               informed of the attorney’s actions by the attorney and                 
               assumed that appropriate action was being taken.                       
               10.  Petitioner maintains that there should have been                  
               an appeal before the United States District Court                      
               relating to her case.  Petitioner believes that the                    
               Court’s decision related to the appeal would have been                 
               favorable to petitioner.                                               
               This case is clearly distinguishable from Montgomery.  After           
          submitting the amended returns, petitioner was given an                     
          opportunity to have the claim for refund considered by the IRS              
          Appeals Office.  Further, upon receipt of the notice of claim               
          disallowance dated November 2, 2000, petitioner was provided an             
          opportunity to dispute the underlying tax liability by filing a             
          suit for a refund in the United States District Court or the                
          United States Court of Federal Claims.  Petitioner did not file a           
          suit for refund.                                                            
               Based on the foregoing we are satisfied that petitioner had            
          an opportunity to dispute the underlying tax liability within the           
          meaning of section 6330(c)(2)(B), and, accordingly, we agree with           
          respondent that petitioner is not entitled to challenge the                 






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