- 5 - Court. Section 6330(c)(2)(B) therefore precluded petitioner from contesting his liability for the underlying taxes for those years in the hearing. Because petitioner could not properly challenge the existence or amount of the underlying liability with respect to the 1998, 1999, and 2000 tax years in the hearing, that issue is not properly before this Court. See Goza v. Commissioner, supra. This Court will review respondent’s determination with respect to the 1998, 1999, and 2000 tax years for abuse of discretion. Petitioner failed to assert any of the claims enumerated under section 6330(c)(2)(A) in the hearing. In particular, petitioner did not challenge the appropriateness of the intended method of collection or offer a collection alternative, or raise any such issue before the Court. Consequently, there is no dispute as to material fact with respect to the 1998, 1999, and 2000 tax years. Accordingly, we find no abuse of discretion in respondent’s determination. Petitioner did not receive a notice of deficiency for tax year 2001 or have an opportunity to dispute that liability before the hearing. To the extent petitioner is attempting to challenge the underlying Federal income tax liability for the 2001 tax year, that challenge is appropriate, even though the liability was self-reported. See Montgomery v. Commissioner, 122 T.C. 1 (2004). Rule 331(b)(4) states that a petition for review of anPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011