- 13 - Proced. & Admin. Regs.; see also Bell v. Commissioner, 126 T.C. 356 (2006); Castleman v. Commissioner, T.C. Memo. 2007-143. Because petitioner had an earlier opportunity to dispute his underlying tax liability by asserting a claim for a credit under section 53, his underlying tax liability was not properly at issue before the settlement officer considering the lien, and it is not properly before us now.8 II. Petitioner’s Challenge to Respondent’s Determination To File a Lien Although petitioner’s arguments are not clear, petitioner appears to argue that respondent erred by rejecting collection alternatives he raised and by offering petitioner an installment agreement requiring monthly payments of $1,215. Petitioner appears to argue that his financial condition is so dire that he cannot afford to pay his 2000 and 2001 tax liabilities. Although section 6330(c) requires respondent to consider relevant issues properly raised by petitioner, including a claim 8In a posttrial conference call with this Court, petitioner raised a question regarding whether the Tax Relief and Health Care Act of 2006 (TRHCA), Pub. L. 109-432, 120 Stat. 2922, authorizes petitioner to claim a refundable credit under sec. 53 (as amended by TRHCA) that he could then apply against his unpaid tax liabilities for 2000 and 2001. By order, we gave the parties time to explore the effect of TRHCA on this case and to file a joint written status report summarizing their positions. In a joint status report filed on June 1, 2007, respondent stated that TRHCA has no impact on this case, and he explained why. Petitioner simply asserted that he has an AMT credit that he has never used and that he will use any refundable credit he may receive under the new law to pay his 2000 and 2001 tax liabilities.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008