- 9 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011