Nield and Linda Montgomery - Page 26

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               GALE, J., concurring:  I agree with result reached by the              
          majority.  I write separately to address respondent’s contention            
          that the legislative history supports an interpretation of                  
          section 6330(c)(2)(B) that precludes a taxpayer’s ability to                
          dispute a tax liability reported on the return (a self-reported             
          or “self-assessed” liability) in a section 6330 proceeding.                 
               Assuming that the language of section 6330(c)(2)(B) contains           
          sufficient ambiguity to justify resort to the legislative                   
          history, that history offers little support for respondent’s                
          position and indeed suggests the contrary.                                  
               Section 6330 originated in section 3401 of the Senate                  
          version of H.R. 2676, the bill that, after amendment, was enacted           
          as the Internal Revenue Service Restructuring and Reform Act of             
          1998, Pub. L. 105-206, 112 Stat. 747.  The predecessor of section           
          6330(c)(2)(B) in the Senate version provided without limitation             
          that a taxpayer could raise in a section 6330 proceeding                    
          “challenges to the underlying tax liability as to existence or              
          amount”.  H.R. 2676, sec. 3401(b), 105th Cong., 2d Sess. (1998),            
          144 Cong. Rec. S4163 (daily ed. May 4, 1998).                               
               The expansive Senate version provoked a critical response              
          from the Treasury Department and other representatives of the               
          executive branch concerned with its overbreadth.  An OMB                    
          Statement of Administration Policy issued after the Senate                  
          Finance Committee reported the Senate version, and a letter from            






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