Nield and Linda Montgomery - Page 41

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          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...)           





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