- 9 - The crux of petitioner’s complaint is that had respondent applied petitioner’s 1999 overpayment as an estimated tax payment toward his 2000 tax liability, petitioner’s 2000 tax liability would have been paid. Thus, petitioner challenges his underlying tax liability for the year at issue. See Landry v. Commissioner, 116 T.C. 60, 62 (2001). Respondent did not issue, and petitioner did not receive, a statutory notice of deficiency for 2000. Petitioner’s 2000 taxes were not discharged in his bankruptcy proceeding, and he did not otherwise have an opportunity to argue that his 1999 overpayment should be applied to his 2000 tax liability. Consequently, petitioner may challenge that liability, and we have jurisdiction to consider it. We also have jurisdiction to consider petitioner’s tax liabilities for 1999 and 1994, years that were not the subject of the notice of determination, insofar as they are relevant to computing petitioner’s 2000 tax liability. See Freije v. Commissioner, 125 T.C. 14 (2005). B. Verification That Requirements of Applicable Law and Administrative Procedure Have Been Met Section 6330 requires the Appeals officer to verify that the requirements of any applicable law or administrative procedure have been met. Consequently, the Appeals officer must verify that the underlying tax was properly assessed. Section 6201 authorizes the Secretary to assess all taxes reported by the taxpayer on his/her return. Generally, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011