- 8 - 6320.3 Simply put, petitioner participated in an earlier administrative proceeding in which respondent determined that she was not entitled to relief under section 6015. Respondent issued a final written notice of determination to petitioner explaining her right to obtain judicial review of respondent’s determination in the Tax Court. Petitioner failed to avail herself of that opportunity, however. Moreover, petitioner has not offered any argument that she did not “meaningfully” participate in the earlier section 6015 administrative proceeding within the meaning of section 6330(c)(4). Consistent with the foregoing, we hold that petitioner is barred by section 6330(c)(4) from attempting to raise her claim for relief under section 6015 in this proceeding. Petitioner has failed to raise any other valid challenge to respondent’s collection action. There being no other valid issue for consideration, we shall grant respondent’s Motion for Summary Judgment. To reflect the foregoing, An appropriate order and decision will be entered granting respondent’s motion for summary judgment. 3 See sec. 301.6320-1(e)(2), Proced. & Admin. Regs. (“A taxpayer may raise any appropriate spousal defenses at a CDP hearing unless the Commissioner has already made a final determination as to spousal defenses in a statutory notice of deficiency or final determination letter.”)Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011