- 52 - notice17 and therefore did not have a realistic opportunity to challenge the proposed deficiency in the Tax Court.18 That interpretation is consistent with respondent’s position that the term “underlying tax liability”, as used in section 6330(c)(2)(B), does not include self-assessed amounts. IV. Conclusion I conclude that section 6330(c)(2)(B), describing the limited circumstances in which a taxpayer may challenge the existence or amount of the underlying tax liability at a section 6330 hearing, does not allow the taxpayer to challenge her obligation to pay any reported but unpaid tax.19 Accordingly, 17 In informal remarks, one Treasury official specifically identified that situation as the proper focus of any expanded appeal rights. See Holmes, “Proposed Taxpayer Rights Changes Questioned by Treasury Attorney Rizek”, 74 Daily Tax Rept. at G-3 (Apr. 17, 1998); see also Donmoyer, “Treasury Still Ignoring IRS Reform Bill’s Controversial Elements,” 78 Tax Notes 411 (describing Associate Tax Legislative Counsel Rizek as “one of Treasury’s chief negotiators during the drafting of the IRS reform bill”). 18 A notice of deficiency mailed to a taxpayer’s “last known address” is sufficient to commence the usual 90-day period during which the taxpayer may petition the Tax Court for a redetermination of the deficiency, regardless of whether the taxpayer actually receives the notice. See, e.g., Frieling v. Commissioner, 81 T.C. 42, 52 (1983); Tatum v. Commissioner, T.C. Memo. 2003-115 n.4; see also sec. 6212(b); sec. 301.6212-2, Proced. & Admin. Regs. 19 I acknowledge that such conclusion is at odds with dicta appearing in prior reports of the Court, which reflect concessions made by the Commissioner. See Craig v. Commissioner, 119 T.C. 252, 261 (2002) (Commissioner conceded that taxpayer was entitled to dispute self-assessed liability at CDP hearing); (continued...)Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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