Dorothy Ann Magee - Page 11

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                         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.                                               
                         *    *    *    *    *    *    *                              
               Lastly, section 6330(d) permits the taxpayer to appeal a               
          determination resulting from the hearing within 30 days to the              
          Tax Court, or to a District Court of the United States if the Tax           
          Court does not have jurisdiction of the underlying tax liability.           
          Sec. 6330(d)(1).                                                            
               Section 6330(c)(2)(A) allows a taxpayer to raise collection            
          issues such as spousal defenses, the appropriateness of the                 
          Commissioner’s intended collection action, and possible                     
          alternative means of collection.  Montgomery v. Commissioner, 122           
          T.C. 1, 5 (2004); Sego v. Commissioner, 114 T.C. 604, 609 (2000);           
          Goza v. Commissioner, 114 T.C. 176, 180 (2000).  A taxpayer                 
          cannot raise issues relating to the underlying tax liability if             
          the taxpayer received a notice of deficiency or had the                     
          opportunity to dispute the liability.  Sec. 6330(c)(2)(B); Sego             
          v. Commissioner, supra; Goza v. Commissioner, supra.  A                     
          taxpayer’s “underlying tax liability” under section 6330(c)(2)(B)           
          includes taxes determined by the taxpayer and shown due on the              
          filed tax returns and assessed by respondent.  Montgomery v.                
          Commissioner, supra at 7-8.                                                 







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Last modified: May 25, 2011