Nield and Linda Montgomery - Page 16

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          provision.  Moreover, we are not aware of any specific expression           
          of congressional intent in the legislative history that would bar           
          persons, such as petitioners, from raising a valid challenge to             
          the existence or amount of tax previously reported due on a tax             
          return.  See Huntsberry v. Commissioner, 83 T.C. at 747-748.                
          Considering the plain language of the statute, we find                      
          respondent’s reliance on principles of sovereign immunity equally           
          unavailing.                                                                 
               Our holding in this case advances the policies underlying              
          sections 6320 and 6330.  Those sections were enacted to provide             
          taxpayers who have been notified that the Commissioner has filed            
          a lien or intends to collect unpaid taxes by levy with a final              
          opportunity to raise a spousal defense, offer an alternative                
          means of collection, and/or challenge the appropriateness of the            
          proposed collection action.  Moreover, as pertinent herein,                 
          Congress provided taxpayers who are confronted with a lien or               
          proposed levy, but who have not had a prior opportunity to                  
          challenge the existence or amount of the tax liability in                   
          question, with the opportunity to do so.  In view of the                    
          statutory scheme as a whole, we think the substantive and                   
          procedural protections contained in sections 6320 and 6330                  
          reflect congressional intent that the Commissioner should collect           
          the correct amount of tax, and do so by observing all applicable            
          laws and administrative procedures.                                         






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