- 5 - See sec. 6330(c)(2)(B); Sego v. Commissioner, supra; Goza v. Commissioner, supra. Petitioner does not contend that there was an abuse of discretion on any matter other than respondent’s refusal to consider the underlying merits of the 1993 and 1994 tax liabilities. Petitioner believes that, if given the opportunity, she could show that respondent’s position and this Court’s prior holding, with respect to the underlying merits of the tax liability, are in error. Accordingly, the sole question we consider is whether, in these circumstances, respondent has abused his discretion in refusing to consider the underlying merits of petitioner’s tax liability for the years 1993 and 1994. Sections 6320 and 6330 provide for a hearing in connection with certain collection activity by respondent, in this instance the filing of a Notice of Federal Tax Lien. Under section 6330(c)(2)(B) a taxpayer may raise the merits of the underlying liability if the taxpayer “did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.” It is clear in this case that petitioner received a statutory notice of deficiency and did have an opportunity to dispute such tax liability. Under the statute, it does not matter whether petitioner may now be able to show thatPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011