Isabel Molina and Isaac Molina, Jr. - Page 5

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          their 2000 return and that they had sufficient income and assets            
          to pay their 2000 tax liability in full.  Respondent rejected the           
          OIC, concluding there was no doubt as to liability or                       
          collectibility.                                                             
               In the petition, under the statement of disagreement, Mr.              
          and Mrs. Molina referenced the May 2002 letter, which they                  
          attached to the petition.                                                   
                                       OPINION                                        
               Pursuant to section 6330(c)(2)(A), a taxpayer may raise at             
          the section 6330 hearing any relevant issue with regard to the              
          Commissioner’s collection activities, including spousal defenses,           
          challenges to the appropriateness of the Commissioner’s intended            
          collection action, and alternative means of collection.  Sego v.            
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114           
          T.C. 176, 180 (2000).  If a taxpayer received a statutory notice            
          of deficiency for the years in issue or otherwise had the                   
          opportunity to dispute the underlying tax liability, the taxpayer           
          is precluded from challenging the existence or amount of the                
          underlying tax liability.  Sec. 6330(c)(2)(B); Sego v.                      
          Commissioner, supra at 610-611; Goza v. Commissioner, supra at              
          182-183.                                                                    
               Petitioners did not receive a statutory notice of deficiency           
          for 2000.  Respondent assessed petitioners’ 2000 tax on the basis           
          of the 2000 return.  Petitioners raised the issue of their                  






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