Gregory L. Shireman - Page 6

                                        - 6 -                                         
               At trial petitioner insisted that he realized he had erred             
          by making arguments during the examination and appeals process              
          that had neither legal nor factual support.                                 
                                       OPINION                                        
               Under section 6330, no levy may be made on any property or             
          right to property of a taxpayer unless the Secretary has notified           
          the taxpayer in writing of his right to a hearing held with an              
          impartial officer of the Internal Revenue Service Office of                 
          Appeals.  Sec. 6330(a) and (b).  During the hearing, the taxpayer           
          may raise any relevant issue relating to the unpaid tax or the              
          proposed levy, including appropriate spousal defenses, challenges           
          to the appropriateness of collection actions, and offers of                 
          collection alternatives.  Sec. 6330(c)(2)(A).  The taxpayer may             
          also raise challenges to the existence or amount of the                     
          underlying tax liability for any tax period if he did not have an           
          opportunity to dispute such tax liability.  Sec. 6330(c)(2)(B).             
               Where the underlying tax liability is properly at issue in             
          the hearing, we review the issue de novo.  Goza v. Commissioner,            
          114 T.C. 176, 181-182 (2000).  Petitioner did challenge his                 
          underlying tax liability at his hearing with the Appeals officer.           
          However, because we conclude, for the reasons discussed below,              
          that petitioner’s waiver of restrictions on assessment is valid,            
          petitioner may not dispute his underlying tax liability before              
          the Court.  See Horn v. Commissioner, T.C. Memo. 2002-207.                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011