-7- income taxes (inclusive of additions to tax, penalties, and interest) as of March 15, 2005. We must decide whether we are authorized to do so. When the Court lacks the authority to consider an issue, the Court does not have the power to decide it. Cf. Ins. Corp. of Ir., Ltd. v. Compagnie des Bauxite de Guinee, 456 U.S. 694, 702 (1982); Brown v. Commissioner, 78 T.C. 215, 217-218 (1982). While neither party challenges our authority to render this decision, the parties cannot confer such authority upon us by their conduct or consent. Cf. California v. LaRue, 409 U.S. 109, 112 n.3 (1972); Mitchell v. Maurer, 293 U.S. 237, 243 (1934). Where issues related to the taxpayer’s underlying tax liability were properly raised in a section 6330 proceeding, we may review the determination of that liability. See sec. 6330(d)(1); see also sec. 6330(c)(2)(B). Section 6330(c)(2)(B), dealing with notice and opportunity for hearing before levy, provides that in the case of any hearing conducted under section 6330, a person may raise “challenges to 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.” Because petitioners did not receive a notice of deficiency regarding any of the subject years, they were permitted to challenge the existence or amount of theirPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011