- 39 - II. Section 301.6330-1(e), Proced. & Admin. Regs. Before proceeding, it is necessary to comment on the majority’s disposition of section 301.6330-1(e), Proced. & Admin. Regs., set forth in pertinent part on page 9 of the majority’s opinion. Subsection (e)(1) of that regulation states quite clearly that, at a section 6330 (Collection Due Process (CDP) hearing), the taxpayer “may raise challenges to the existence or amount of the tax liability specified on the CDP Notice * * * if the taxpayer did not receive a statutory notice of deficiency for that tax liability or did not otherwise have an opportunity to dispute that tax liability.” (Emphasis added.) See also subsection (e)(3), Q&A-E2 (similar).2 The pertinent language of subsection (e)(1) of the regulation is essentially the same as the language of section 6330(c)(2)(B) except that, in the regulation, the term “tax liability specified on the CDP Notice” is substituted for the term “underlying tax liability”. Thus, the drafters of the regulation fixed the meaning of the term “underlying tax liability” as “the tax liability specified on the CDP Notice”. As the majority recites, on March 19, 2002, respondent issued to petitioners a final notice (CDP notice) stating that petitioners owed tax, penalties, and interest (for 2002) totaling 2 Sec. 301.6320-1(e)(1), (3), Q&A-E2, Proced. & Admin. Regs., is similar but relates to liens rather than levies.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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