Llwellyn Greene-Thapedi - Page 23

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               COLVIN, J., concurring:  I accept as correct the majority’s            
          interpretation of the statute and our lack of jurisdiction in               
          this case.  However, I write separately to highlight the fact               
          that the Commissioner’s offset authority can cause undesirable              
          consequences for taxpayers and the Court in collection review               
          proceedings under sections 6320 and 6330.                                   
               The majority holds that petitioner properly invoked the                
          Court’s jurisdiction under section 6330 by filing a timely                  
          petition challenging respondent’s notice of determination                   
          regarding the proposed collection of her tax liability for 1992.            
          The majority also holds that action was rendered moot because               
          petitioner later overpaid her Federal income tax for 1999, and              
          the Commissioner offset that overpayment by the amount of her               
          unpaid 1992 tax liability.                                                  
               Typically in these situations, a taxpayer’s only remedy may            
          be to fully pay the tax, file a refund claim, and if                        
          unsuccessful, institute a tax refund suit in Federal District               
          Court or the Court of Federal Claims.  As a result, taxpayer                
          protections provided in sections 6320 and 6330, that is, the                
          right to administrative and judicial review of the Commissioner’s           
          collection actions, can quickly evaporate simply because the                
          taxpayer overpaid his or her taxes for another year.                        
               The circumstances present here may recur in future cases.              
          The combination of the Commissioner’s authority to offset an                






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