- 14 - deficiency for the tax liability or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). Where the validity of the underlying tax liability is properly in issue, the Court will review the matter de novo. Where the validity of the underlying tax is not properly in issue, however, the Court will review the Commissioner’s administrative determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). A person may challenge a self-assessed liability reported on his return where he or she has not had the opportunity to dispute the liability. Montgomery v. Commissioner, 122 T.C. 1, 9 (2004). An opportunity to dispute such a liability includes a suit by respondent to reduce a tax assessment to judgment. See MacElvain v. Commissioner, T.C. Memo. 2000-320. The record in the instant case clearly indicates that petitioners had ample opportunity to dispute the liability reported on their amended tax return for 1989 and the $13,858 section 6662 penalty for that year. Petitioners litigated the issue of whether respondent failed to apply the payment from Commonwealth to taxable year 1989 in District Court and on appeal to the Third Circuit Court of Appeals. The Third Circuit Court of Appeals affirmed the District Court’s judgments against petitioners reducing the assessments, including the assessmentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011