Fred Deutsch - Page 8

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         taxpayer may challenge the existence or amount of the underlying             
         tax liability if he/she did not receive a statutory notice of                
         deficiency for the tax liability or did not otherwise have an                
         opportunity to dispute it.  Sec. 6330(c)(2)(B).                              
              Section 6330 does not provide an opportunity to contest tax             
         liability for a taxpayer who chooses not to receive a notice of              
         deficiency.  Id.; see also Sego v. Commissioner, 114 T.C. 604,               
         611 (2000) (taxpayers who deliberately refused to accept delivery            
         of the notices of deficiency repudiated the opportunity to                   
         contest the notices of deficiency in the Tax Court).  For                    
         purposes of section 6330(c)(2)(B), a taxpayer who has waived                 
         his/her right to challenge the proposed assessments is deemed to             
         have had an opportunity to dispute tax liabilities and is thereby            
         precluded from challenging those tax liabilities in a section                
         6330 hearing.  Zapara v. Commissioner, 124 T.C. 223, 228 (2005);             
         Aguirre v. Commissioner, 117 T.C. 324, 327 (2001).                           
              Following the hearing, the Appeals officer must determine               
         whether the collection action is to proceed, taking into account             
         the verification the Appeals officer has made, the issues raised             
         by the taxpayer at the hearing, and whether any proposed                     
         collection action balances the need for the efficient collection             
         of taxes with the legitimate concern of the taxpayer that any                
         collection action be no more intrusive than necessary.  Sec.                 
         6330(c)(3).  If the Commissioner issues a determination letter to            






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Last modified: May 25, 2011