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if any of the adjusted net minimum tax imposed for all prior
taxable years beginning after 1986, over the amount allowable as
a credit under section 53(a) for such prior taxable years. Sec.
53(b). The section 53 credit, however, is limited to the amount
by which a taxpayer’s regular tax liability for the year the
credit is claimed, less allowable credits, exceeds his tentative
minimum tax for the year. Sec. 53(c).
Petitioner did not claim a section 53 credit on either his
2000 or 2001 income tax return, and he did not present any
information to the settlement officer that he was entitled to
claim such a credit. His inquiry about the possibility of a
credit, which he made in one of his letters to the settlement
officer during his section 6320/6330 hearing, was insufficient to
demonstrate either that he was claiming a section 53 credit for
2000 and/or 2001 or that he was entitled to such a credit.
In addition, even if we treat petitioner’s inquiry as a
claim for a section 53 credit, petitioner is precluded from
pursuing his claim by the fact that he had an earlier opportunity
to assert his claim and he did not do so. Petitioner received
the September 13, 2003, levy notice, but he did not request a
hearing under section 6330 regarding the levy notice.
Petitioner’s failure to do so precludes him from asserting his
claim in this proceeding. See sec. 301.6320-1(e)(3), Q&A-E7,
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Last modified: March 27, 2008