Gregory Drake - Page 33

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            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.                                                                                   





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