Nield and Linda Montgomery - Page 15

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               Respondent asserts that it is nonsensical to permit                    
          petitioners to challenge in a collection review proceeding the              
          very tax that they reported to be due (or “self-determined”) on             
          their original income tax return.  We would not characterize an             
          opportunity for respondent to review the correct amount of                  
          petitioners’ tax liability as nonsensical.  As discussed above,             
          the controlling statutory language focuses on whether the person            
          had a prior opportunity to dispute the tax liability--and                   
          petitioners have not had any such opportunity.  Read in context,            
          and as applied in this case, section 6330(c)(2)(B) extends the              
          substantive and procedural protections of sections 6320 and 6330            
          to taxpayers who may have erred (in the Government’s favor) in              
          preparing and filing their tax returns.  Given the complexity of            
          the Federal income tax laws, such taxpayer errors may well be               
          common.  We conclude that section 6330(c)(2)(B) is fairly read as           
          providing a remedy to such taxpayers.                                       
               Respondent also urges that the legislative history of                  
          section 6330(c)(2)(B) and principles of sovereign immunity                  
          require that the provision be construed narrowly in the                     
          Commissioner’s favor.  We disagree.  We see no ambiguity in the             
          plain language of section 6330(c)(2)(B) that would justify resort           
          to the legislative history for guidance in interpreting the                 


               5(...continued)                                                        
          “underlying tax liability” in sec. 6311 patently includes self-             
          assessed amounts.                                                           




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