Randal W. Howard - Page 12

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          amount of his or her underlying tax liability.  Section                     
          6330(c)(2)(B) provides:                                                     
                    Issues at hearing.--                                              
                           *    *    *    *    *    *    *                            
                           (B) Underlying liability.  The person may                  
                    also raise at the hearing challenges to the                       
                    existence or amount of the underlying tax                         
                    liability for any tax period if the person did not                
                    receive any statutory notice of deficiency for                    
                    such tax liability or did not otherwise have an                   
                    opportunity to dispute such tax liability.                        
               When the Appeals Office issues a Notice Of Determination               
          Concerning Collection Action(s) to a taxpayer following an                  
          administrative hearing, section 6330(d)(1) provides that the                
          taxpayer has 30 days following the issuance of such notice to               
          file a petition for review with the Tax Court or, if the Tax                
          Court does not have jurisdiction over the underlying tax                    
          liability, with a Federal District Court.  See Offiler v.                   
          Commissioner, 114 T.C. 492, 497-498 (2000).                                 
               Petitioner received notices of deficiency for the taxable              
          years 1983 and 1993 to 1995 and filed petitions for                         
          redetermination with the Court challenging those notices.  It               
          follows that petitioner is barred under section 6330(c)(2)(B)               
          from challenging the existence or amount of his underlying tax              











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