Thomas J. & Gisella Sabath - Page 7

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          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 their                






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