- 11 - underlying tax liability is not properly at issue, the Court will review the Commissioner’s administrative determination for abuse of discretion. [Sego v. Commissioner, 114 T.C. 604, 610 (2000).] B. Analysis As a threshold matter, the Court notes that the tax liabilities at issue in this case derive from the amounts self- reported by petitioner on his filed returns. No notices of deficiency were issued to petitioner, and petitioner has not otherwise had an opportunity to dispute his liabilities for these years. Accordingly, to the extent that any of the statements in the petition are properly construed as a challenge to the underlying liabilities, petitioner is not precluded by section 6330(c)(2)(B) from making such a challenge in this proceeding. Montgomery v. Commissioner, 122 T.C. 1, 9 (2004). 1. “Statute for enforcement” Petitioner asserts in the petition: “Statute for enforcement lapsed due to inactivity by IRS agents”. Although it is unclear what precisely is meant by the “statute for enforcement”, it is clear that no pertinent statute operates as a time bar to respondent’s proposed collection activity in the circumstances of this case. Section 6501 sets forth limitations on assessment and provides as a general rule that income taxes must be assessed within 3 years after the filing of the underlying tax return. Sec. 6501(a). Section 6502(a) then specifies that wherePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011