Russell L. Voorhees - Page 5

                                        - 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 the             








Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011