- 11 - we would require unequivocal evidence of legislative purpose before construing the statute so as to override the plain meaning of the words used therein.” However, if a statute “is ambiguous or silent, we may look to the statute’s legislative history to determine congressional intent.” Ewing v. Commissioner, 118 T.C. 494, 503 (2002) (citing Burlington N. R.R. v. Okla. Tax Commn., 481 U.S. 454, 461 (1987)); see Wells Fargo & Co. v. Commissioner, 120 T.C. 69, 89 (2003); Allen v. Commissioner, 118 T.C. 1, 7 (2002). Turning to section 6330(c)(2)(B), the provision plainly states that a person may challenge “the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.” The term “underlying tax liability” is not defined in section 6320 or 6330, nor is there any specific reference to that term in the legislative history of the provisions. Taken in context, it is reasonable to interpret the term “underlying tax liability” as a reference to the amounts that the Commissioner assessed for a particular tax period. In this regard, the term “underlying tax liability” may encompass an amount assessed following the issuance of a notice of deficiencyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011