Nield and Linda Montgomery - Page 52

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          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...)           





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