Robert Eugene Poindexter - Page 8

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          neither received a statutory notice of deficiency for 1994 or               
          1996 nor otherwise had an opportunity to dispute his liabilities            
          as assessed for those years, respondent argues that section                 
          6330(c)(2)(B) allows a taxpayer to challenge the underlying tax             
          liability only when the taxpayer is challenging a liability                 
          asserted by the Commissioner that differs in amount from the                
          taxpayer’s self-determined liability (i.e., the amount set forth            
          on a return the taxpayer made).  In Montgomery v. Commissioner,             
          122 T.C. 1 (2004), we rejected exactly that argument, and that              
          case governs here.  We therefore reject respondent’s first ground           
          for summary judgment.                                                       
          III.  Petitioner Has Failed To Aver Facts Sufficient To Show                
                Error in the Assessments                                              
               Respondent’s second ground for summary judgment is that,               
          even if the Appeals officer erred in refusing to consider the               
          accuracy of the assessments, petitioner has failed to aver facts            
          sufficient to show error in the assessments.  We have set forth             
          the gist of petitioner’s averments under the heading Background,            
          above, and we agree with respondent that petitioner has failed to           
          raise a justiciable issue.                                                  
               Rule 331 addresses the commencement of a levy action under             
          section 6330(d).  Such an action is commenced by the filing of a            
          petition, Rule 331(a), and Rule 331(b) specifies the content of             
          the petition.  Rule 331(b)(4) and (5) requires the petition to              
          contain:                                                                    





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