Nield and Linda Montgomery - Page 19

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          full in the majority opinion, is an interpretative regulation               
          that does nothing more than state a general proposition, to wit:            
          A taxpayer may challenge in a collection review proceeding the              
          existence or amount of the tax liability set forth in a final               
          lien or levy notice if the taxpayer did not receive a notice of             
          deficiency for such liability or did not otherwise have an                  
          opportunity to dispute such liability.  The regulation largely              
          tracks the language of section 6330(c)(2)(B), with the exception            
          that the term “underlying tax liability” contained in the statute           
          is in the regulation replaced by the phrase “the tax liability              
          specified on the CDP Notice”.                                               
               Nowhere in the parties' motion or opposition or written and            
          oral arguments have they cited or relied upon section 301.6330-             
          1(e), Proced. & Admin. Regs.  I suggest that the reason for the             
          parties' failure to cite that regulation is that the proper                 
          disposition of respondent’s motion depends upon the Court’s                 
          statutory construction of section 6330(c)(2)(B).                            
               In any event, the general rule espoused in the regulation is           
          in no way dispositive of the specific question whether section              
          6330(c)(2)(B) permits a taxpayer to challenge the existence or              
          amount of tax that was reported due on the taxpayer’s return.  It           
          is respondent’s position in the instant case that tax reported              
          due on a return and assessed by respondent under section 6201               
          represents a unique assessment that Congress never intended to be           






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