- 11 - B. Analysis As a threshold matter, the Court notes that the tax liabilities at issue in this case derive from the amounts self- reported by petitioner and Mr. Picchiottino on their filed return. No notice of deficiency was issued to petitioner, and petitioner has not otherwise had an opportunity to dispute her liability for 2001. Accordingly, to the extent that any of the statements in the petition are properly construed as a challenge to the underlying liabilities, petitioner is not precluded by section 6330(c)(2)(B) from making such a challenge in this proceeding. Montgomery v. Commissioner, 122 T.C. 1, 9 (2004). 1. “Statute for enforcement” Petitioner asserts in the petition: “Statute for enforcement lapsed due to IRS delays”. Although it is unclear what precisely is meant by the “statute for enforcement”, it is clear that no pertinent statute operates as a time bar to respondent’s proposed collection activity in the circumstances of this case. Section 6501 sets forth limitations on assessment and provides as a general rule that income taxes must be assessed within 3 years after the filing of the underlying tax return. Sec. 6501(a). Section 6502(a) then specifies that where assessment was made within the pertinent period of limitations, the tax may be collected by levy within 10 years after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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