Raymond and Cynthia Turner-Simmons - Page 8

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          petitioners produced no evidence that would show any error                  
          in the adjustments.  They produced no evidence showing that                 
          respondent has made any error in crediting their account for                
          all payments received from them with respect to their 1995                  
          income tax liability, nor did they establish that the                       
          remaining liability is any less than respondent claims it to                
          be.  Whatever standard of review we apply to Appeals’                       
          determination to proceed with collection by levy of the                     

               4(...continued)                                                        
          an opportunity to dispute the tax liability recited on the form.            
          The former interpretation is suggested by Aquirre, in which we              
          supported our holding by citing Sego v. Commissioner, 114 T.C.              
          604, 611 (2000), for the proposition that a taxpayer who                    
          deliberately refuses to accept delivery of a notice of deficiency           
          repudiates his opportunity to contest the notice at Appeals or in           
          Tax Court.  The distinction could be important in a case with               
          facts different from those before us today.  Consider, for                  
          example, a taxpayer who disagrees with an examiner’s proposed               
          increase in his tax liability and exercises his right to appeal             
          within the IRS by protesting the proposed increase to Appeals.              
          Suppose that Appeals rejects his protest, and the Commissioner              
          sends to the taxpayer’s last known address a notice of deficiency           
          that conforms to the requirements of sec. 6212.  Suppose further            
          that the notice goes astray and is never delivered, and,                    
          therefore, the taxpayer loses his opportunity to petition the Tax           
          Court for a redetermination of the deficiency.  See sec. 6213(a).           
          Is the taxpayer precluded from raising the underlying tax                   
          liability in a sec. 6330 hearing (and, if necessary, before the             
          Tax Court) because he already had an opportunity to dispute the             
          tax liability, or is he not precluded from raising the liability            
          because he signed no Form 4549-CG and waived no rights to any               
          administrative or judicial consideration?  If he can raise the              
          underlying tax liability in a sec. 6330 hearing and, if                     
          dissatisfied with the resolution of the hearing, before the Tax             
          Court, then in effect the actual receipt rule of sec.                       
          6330(c)(2)(B) replaces the last-known-address-is-adequate rule of           
          sec. 6212 as a trigger for Tax Court jurisdiction, at least to              
          the extent the taxpayer wishes to dispute the underlying tax                
          liability.                                                                  




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