- 33 - 6330 hearing on remand.17 B. Whether Petitioner May Challenge the Underlying Liability for 1995. Petitioner contends that respondent’s Appeals officer erred in determining that petitioner may not challenge the underlying liability for petitioner’s 1995 tax year. As noted above, in a section 6330 hearing, a taxpayer may challenge the existence or amount of the underlying tax liability only if the taxpayer did not receive a statutory notice of deficiency for the tax liability or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). In the instant case, the record demonstrates that petitioner had the opportunity to dispute the 1995 tax liability during petitioner’s 1997 bankruptcy proceeding. See Kendricks v. Commissioner, 124 T.C. 69, 77 (2005). Consequently, we conclude that petitioner may not challenge the underlying 1995 Federal income tax liability in the instant case. See id. C. Whether the Jeopardy Levy Was Proper. Petitioner contends that respondent imposed the jeopardy 17Barbara Drake does not appear to have been issued a notice of determination under sec. 6330 with respect to the taxable years in issue. While respondent’s Appeals Office may issue a sec. 6330 determination to Barbara Drake upon the resolution of her sec. 6015 matter, unless such a determination is issued and a petition is timely filed with this Court by her, we lack jurisdiction with respect to Barbara Drake’s collection proceedings.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
Last modified: May 25, 2011