Daniel Charles McDermott - Page 4

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               Petitioner advised the examining agent of his then current             
          address, stating that he was “staying with friends”.  A statutory           
          notice of deficiency was mailed by certified mail and a duplicate           
          notice was sent by regular mail to petitioner.1  The duplicate              
          notice was returned with the envelope marked “insufficient                  
          address”.  The certified mailing of the notice of deficiency was            
          not returned.                                                               
                                      Discussion                                      
               Section 6320 entitles a taxpayer to notice of his right to             
          request a hearing with the IRS Office of Appeals after a notice             
          of lien is filed by the Commissioner in furtherance of the                  
          collection of unpaid Federal taxes.  The taxpayer requesting the            
          hearing may raise any relevant issue with regard to the                     
          Commissioner’s intended collection activities, including spousal            
          defenses, challenges to the appropriateness of the Commissioner’s           
          intended collection action, and alternative means of collection.            
          Secs. 6320(b) and (c), 6330(c); see Sego v. Commissioner, 114               
          T.C. 604, 609 (2000); Goza v. Commissioner, 114 T.C. 176, 180               
          (2000).                                                                     
               The taxpayer may raise challenges “to the existence or                 
          amount of the underlying tax liability”, however, only if he “did           
          not receive any statutory notice of deficiency for such tax                 
          liability or did not otherwise have an opportunity to dispute               

               1The record does not reveal why or to what address the                 
          duplicate notice of deficiency was sent.  But respondent                    
          represents in his trial memorandum that the duplicate notice was            
          sent to an alternate address thought to be an additional address            
          of petitioner.                                                              




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