Nield and Linda Montgomery - Page 12

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          under section 6213(a), an amount “self-assessed” under section              
          6201(a), or a combination of such amounts.                                  
               Consistent with the foregoing, the plain language of section           
          6330(c)(2)(B) bars a person who has received a notice of                    
          deficiency from challenging his or her underlying tax liability             
          for that year (whether the liability was self-assessed or                   
          assessed as a deficiency) in a collection review proceeding                 
          inasmuch as the person was afforded a prior opportunity to                  
          challenge such liability under the deficiency procedures.3  In              
          contrast, where a person has not received a notice of deficiency            
          and has not had a prior administrative or judicial opportunity to           
          challenge the amounts the Commissioner assessed, section                    
          6330(c)(2)(B) provides that such person may challenge the                   
          liability as part of the collection review procedure.                       
               In the present case, petitioners’ underlying tax liability             
          consists of the amount that petitioners reported due on their tax           
          return along with statutory interest and penalties.  It is clear            
          that petitioners did not receive a notice of deficiency for 2000.           
          Indeed, respondent was not obliged to issue a notice of                     
          deficiency to petitioners because the assessment in question was            




               3  See Naftel v. Commissioner, 85 T.C. 527, 531 (1985),                
          where we observed that in a deficiency proceeding brought under             
          sec. 6213(a), the Court may also consider the taxpayer’s claim of           
          an overpayment for the year(s) in issue under sec. 6512(b)(1).              




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