- 41 - resolve the dispute in front of us on the basis of section 301.6330-1(e), Proced. & Admin. Regs., if at all possible. I continue with my dissent because the ambiguity that afflicts the statute also afflicts the regulation, and respondent may say “Oops!” only because the regulation does not say what he wants it to say, and the Secretary may try to amend it, in which case the majority’s analysis becomes relevant. III. Section 6330 A. Introduction The majority adequately describes the general operation of section 6330. Majority op. pp. 7-8. Putting aside section 301.6330-1(e), Proced. & Admin. Regs., the question presented is whether respondent’s Appeals Office could, pursuant to section 6330(c)(2)(B), refuse to allow petitioners to challenge their obligation to pay the amount of tax that they had reported but not paid (the unpaid tax).4 It is clear (and respondent does not suggest otherwise) that petitioners did not receive a statutory notice of deficiency with respect to the unpaid tax.5 Nor does 4 Generally, when a return of tax is made and an amount of tax is shown on the return, the person making the return shall, without assessment or notice and demand, pay such tax at the time and place the return is filed. Sec. 6151(a). 5 As used in sec. 6330(c)(2)(B), the term “statutory notice of deficiency” refers to the means by which, in the case of certain taxes (including the income tax), the IRS notifies a person that it has determined a deficiency in that person’s tax. See sec. 6212. In the context of those taxes, the term (continued...)Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011