Nield and Linda Montgomery - Page 28

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          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.]                




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