- 6 - delays by the IRS. Respondent asserts that there was no abuse of discretion in failing to abate statutory interest because petitioner did not identify the errors or delays. Respondent asserts that petitioner cannot challenge the addition to tax as part of the underlying tax liability because petitioner received a notice of deficiency and had a previous opportunity to contest the tax. Discussion This Court has jurisdiction under section 6330 to review the Commissioner’s administrative determinations. Sec. 6330(d). Section 6330(c)(2)(A) provides that the taxpayer may raise any relevant issue with regard to the Commissioner’s collection activities, including spousal defenses, challenges to the appropriateness of the intended collection action, and alternative means of collection. Additionally, the taxpayer may challenge the existence or amount of the underlying tax liability, including a liability reported by the taxpayer on an original return, if the taxpayer “did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability.” Sec. 6330(c)(2)(B); see also Montgomery v. Commissioner, 122 T.C. 1, 9-10 (2004). Petitioner’s underlying tax liability is not at issue because petitioner received a notice of deficiency on December 6,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011