Llwellyn Greene-Thapedi - Page 13

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          to make notice and demand for payment of her 1992 deficiency) to            
          July 3, 2000 (when respondent sent her Form CP 504 requesting               
          payment).  On brief, petitioner contends that she is entitled to            
          a refund for:                                                               
               all compound interest she paid for the period April 15,                
               1993 to July 18, 2000, all interest she paid for                       
               periods during which interest was suspended or [sic]                   
               July 5, 1997 to July 3, 2000; and for all sums that she                
               paid for penalties and additions and interest on such,                 
               that were disallowed by the June 5, 1997 Tax Court                     
               decision.                                                              
               Petitioner’s claim for a refund arises, if at all, under               
          section 6330(c)(2), as an outgrowth of her challenge to the                 
          existence and amount of her underlying 1992 tax liability.12                
          Pursuant to section 6330(c)(2), however, whatever right                     
          petitioner may have to challenge the existence and amount of her            
          underlying tax liability in this proceeding arises only in                  
          connection with her challenge to the proposed collection action.            
          Inasmuch as the proposed levy is moot, petitioner has no                    
          independent basis to challenge the existence or amount of her               
          underlying tax liability in this proceeding.                                
               More fundamentally, section 6330 does not expressly give               
          this Court jurisdiction to determine an overpayment or to order a           
          refund or credit of taxes paid.  This Court has not previously              


               12 The right to challenge the existence and amount of                  
          underlying tax liability encompasses the right to challenge the             
          existence and amount of disputed interest thereon.  Urbano v.               
          Commissioner, 122 T.C. 384, 389-390 (2004).                                 




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