Tim W. Holliday - Page 6

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          our Opinions in Keene v. Commissioner, 121 T.C. 8 (2003), and               
          Montgomery v. Commissioner, 122 T.C. 1 (2004), in which we held,            
          respectively, that a taxpayer in a section 6330 hearing is                  
          entitled to make an audio recording thereof, and to dispute the             
          underlying tax liability even where the taxpayer reported the               
          liability as due on his return.3  At trial, we afforded                     
          petitioner the opportunity to raise any issue he considered                 
          relevant to the proposed levy or the underlying tax liabilities.4           
          We consider those arguments below.                                          
               Petitioner argues that the notice of determination was                 
          invalid, and we therefore lack jurisdiction, because the hearing            
          he received was defective in several respects.  We disagree.  The           
          defects in the hearing alleged by petitioner do not invalidate              
          the notice and deprive us of jurisdiction.  See Lunsford v.                 
          Commissioner, 117 T.C. 159, 164 (2001).                                     




               3 Certain portions of the underlying tax liabilities were              
          attributable to adjustments respondent made pursuant to sec.                
          6213(b)(1).  However, we do not consider whether, pursuant to               
          sec. 6213(b)(2), petitioner previously had an “opportunity to               
          dispute” these portions within the meaning of sec. 6330(c)(2)(B)            
          because in this proceeding petitioner has, in any event, raised             
          only meritless arguments with respect to his underlying tax                 
          liabilities.                                                                
               4 In light of the fact that petitioner sought, but was                 
          denied, recordation of the hearing, we resolve all doubts in                
          petitioner’s favor, treating any issue or argument he raised at             
          trial or in any written submission as having been raised at his             
          hearing.                                                                    





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