Nield and Linda Montgomery - Page 18

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               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.                                                                   




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