- 7 - penalty of up to $25,000 for instituting or maintaining an action primarily for delay or for taking frivolous or groundless positions. OPINION A. Whether Petitioner May Dispute the Underlying Tax Liability Petitioner contends that he had no taxable income or activities in 1994-99, and thus he had no tax liability for those years. A taxpayer may dispute the existence or amount of his or her tax liability at a section 6330(b) hearing if he or she did not receive a notice of deficiency or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). Petitioner received the notice of deficiency for 1994-99. Thus, petitioner may not dispute the existence or amount of his tax liabilities for those years under sections 6320 and 6330. Id. B. Whether Respondent’s Determination Was an Abuse of Discretion Petitioner contends that respondent’s determination was an abuse of discretion because: (1) He had no taxable income or activities; (2) payment of Federal income tax is voluntary; (3) the assessment was not proper; (4) the lien was premature; and (5) the conduct of respondent’s employee was fraudulent and subject to sanctions.1 We disagree because: (1) Petitioner had 1 Petitioner does not contend that the burden of proof shifts to respondent under sec. 7491(a) in this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011