- 18 - WELLS, C.J., concurring: Respectfully, I write separately to respond to the suggestion, raised by Judge Chiechi in her opinion dissenting and concurring in part, that respondent’s Motion for Summary Judgment should be denied on the narrow ground that section 301.6330-1(e), Proced. & Admin. Regs., 67 Fed. Reg. 2555 (Jan. 18, 2002), is dispositive of the issue in the instant case. The issue before us is whether section 6330(c)(2)(B) permits a taxpayer to challenge in a lien and levy action in this Court the existence or amount of tax that the taxpayer previously reported due on his or her income tax return. The majority concludes, and I believe correctly so, that the plain language of section 6330(c)(2)(B) permits a taxpayer to raise such a challenge. Judge Chiechi, however, agrees with the result reached by the majority only insofar as petitioners may challenge the existence or amount of the tax liability specified in the “final notice”. I believe the majority, based on its interpretation of section 6330(c)(2)(B), correctly holds that petitioners may challenge the entire amount of tax, penalties, and interest that respondent assessed against them for the taxable year 2000.1 Section 301.6330-1(e), Proced. & Admin. Regs., quoted in 1 Petitioners not only challenge the $222,315.34 amount specified in respondent’s final notice of intent to levy, but they also contend that they overpaid their taxes in the amount of $519,087.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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