- 28 - on Ways & Means, U.S. House of Representatives (June 2, 1998),2 reprinted in Tax Notes Today, 98 TNT 112-40 (June 11, 1998). The final version of the legislation devised by the conference committee added the following (emphasized) limiting language in section 6330(c)(2)(B): SEC. 6330(c)(2). Issues at hearing. * * * * * * * (B) Underlying liability. The person may also raise at the hearing challenges to the existence or amount of the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. [Emphasis added.] I would submit that it is clear that the conferees, in adding this limiting language to the statute, intended to address the expressed concern about a taxpayer’s ability to dispute previously litigated tax liabilities in a section 6330 proceeding. The new language is directed specifically at a taxpayer’s previous opportunities for dispute, either by having been afforded an opportunity for a deficiency proceeding or 2 Treasury Secretary Rubin’s letter states: The Senate bill provides taxpayers with additional advance notification and appeal rights prior to levy * * *. * * * The appeal right in levy cases would enable taxpayers to litigate the same tax liability repeatedly * * *. The provision would change the entire collections process, including the process for many taxpayers who have self-assessed their tax liability but not paid in full * * *. [Emphasis added.]Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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