Nield and Linda Montgomery - Page 51

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          change to the Senate amendment reflected in section                         
          6330(c)(2)(B), it is reasonable to infer that the conferees were            
          responding, at least in part, to the stated concerns of                     
          Administration officials and did not intend the result reached by           
          the majority.                                                               
               The foregoing inference is supported by other language in              
          the conference report.  Regarding the scope of the section 6330             
          hearing, the report provides:  “However, the validity of the tax            
          liability can be challenged only if the taxpayer did not actually           
          receive the statutory notice of deficiency or has not otherwise             
          had an opportunity to dispute the liability.”  Id. at 265, 1998-3           
          C.B. at 1019 (emphasis added).  That language suggests that                 
          Congress did not intend to allow challenges to the Commissioner’s           
          right to collect the unpaid tax liability in those instances in             
          which the taxpayer’s nonreceipt of a statutory notice of                    
          deficiency is solely attributable to the fact that the                      
          Commissioner did not determine a deficiency in the first place.             
          Rather, the reference to “actual” receipt of “the” notice of                
          deficiency suggests that, in the case of taxes subject to the               
          deficiency procedures, such as the income tax, Congress was                 
          targeting the situation in which, although the Commissioner                 
          determined a deficiency and properly issued a statutory notice of           
          deficiency, the taxpayer did not actually (or constructively, see           
          Sego v. Commissioner, 114 T.C. 604, 611 (2000)) receive that                






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