- 5 - Petitioner’s contention is based on his allegation that he signed a blank decision with the understanding that the income tax deficiency would have been an amount approaching $1,500. Petitioner further alleges that upon receipt of the entered decision the amount of the “agreed” income tax deficiency was almost double the amount he thought he had agreed to with respondent. The Court asked petitioner whether he had brought the alleged discrepancy to this Court’s attention after the decision was entered in 1995. Petitioner testified that it was not worth his effort or monetary cost at the time so he did nothing. Respondent argued that petitioner’s $1,500 offer in compromise was based on petitioner’s belief that the wrong amount had been included in the decision. Sections 6320 and 6330 provide for a hearing in connection with certain collection activity by respondent. Under section 6330(c)(2)(B) a taxpayer may raise the merits of the underlying liability if the taxpayer “did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.” It is clear in this case that petitioner received a statutory notice of deficiency and did have an opportunity to dispute such tax liability. Under the statute, and under the doctrine of res judicata, it does not matter whether petitioner is now in a position to show that thePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011