Joseph Paul Freije - Page 36

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         it to perfect an assessment made in derogation of section                    
         6213(a).  We have previously construed the phrase "did not                   
         receive any statutory notice of deficiency" as used in section               
         6330(c)(2)(B) as encompassing the situation where a notice of                
         deficiency, though mailed by the Commissioner, was not in fact               
         received by the taxpayer.  See Calderone v. Commissioner, T.C.               
         Memo. 2004-240; Tatum v. Commissioner, T.C. Memo. 2003-115.                  
         Respondent would have us extend the meaning of that phrase to                
         encompass the situation where a taxpayer did not receive any                 
         notice of deficiency because the Commissioner failed to issue                
         one, in violation of section 6213(a).                                        
              We decline to do so.  Such an interpretation would                      
         contravene the intent underlying section 6330, a measure intended            
         to expand taxpayers' rights in collection actions.  See S. Rept.             
         105-174, at 67 (1998), 1998-3 C.B. 537, 603.  Under the                      
         interpretation of section 6330(c)(2)(B) urged by respondent, de              
         novo review in a section 6330 proceeding could substitute for the            
         taxpayer's right to a deficiency proceeding under sections 6211-             
         6216.  A taxpayer's rights in the former proceeding are more                 
         circumscribed than in the latter.26  Moreover, such a construction           

               26 For example, a taxpayer must petition this Court for                
          review within 30 days of a determination under sec. 6330, see               
          sec. 6330(d)(1), whereas he has 90 days or, if outside the United           
          States, 150 days to petition with respect to a notice of                    
          deficiency, see sec. 6213(a).  See also Sarrell v. Commissioner,            
          117 T.C. 122 (2001) (no expanded filing period under sec. 6330              
                                                             (continued...)           





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