Nield and Linda Montgomery - Page 54

                                       - 54 -                                         
               CHIECHI, J., dissenting in part and concurring in part:  I             
          dissent from the holding and rationale of the majority opinion.             
          I concur with the majority opinion only to the extent that the              
          majority opinion results in allowing petitioners to challenge the           
          existence or the amount of the tax liability specified in the               
          final notice--notice of intent to levy and notice of your right             
          to a hearing (notice of intent to levy) with respect to their               
          taxable year 2000.1  The foregoing result is the only proper                
          result in the instant case because the following regulations,               
          which bind respondent, require it:                                          
                    (e) Matters considered at CDP hearing--(1) In                     
               general. * * * The taxpayer also may raise challenges                  
               to the existence or amount of the tax liability                        
               specified on the CDP Notice for any tax period shown on                
               the CDP Notice if the taxpayer did not receive a                       
               statutory notice of deficiency for that tax liability                  
               or did not otherwise have an opportunity to dispute                    
               that tax liability. * * *                                              
                  *       *       *       *       *       *       *                   
                    (3) Questions and answers.  The questions and                     
               answers illustrate the provisions of this paragraph (e)                
               as follows:                                                            
                  *       *       *       *       *       *       *                   

               1The notice of intent to levy specified that petitioners had           
          a total tax liability for 2000 of $222,315.34.  That liability              
          consisted of the tax due, penalties, and interest thereon,                  
          totaling $213,495, which petitioners reported in their Federal              
          income tax return for 2000 that they filed on or about Oct. 18,             
          2001, and which respondent assessed, plus any penalties as well             
          as interest on the total liability accruing after Oct. 18, 2001,            
          and before Mar. 19, 2002, the date on which respondent issued the           
          notice of intent to levy with respect to petitioners’ taxable               
          year 2000.                                                                  





Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011