- 6 - officer abuse her discretion by issuing the notice of determination without considering the Baltics’ pending OIC-DATL or amended 1999 return? Section 6330(c)(2)(B) allows a taxpayer to challenge the existence or amount of his underlying tax liability if he neither received a notice of deficiency nor otherwise had an opportunity to dispute it. The Baltics’ first line of attack is that they should have been allowed to challenge their underlying liability because section 6330(c)(2)(B)--though it allows challenges to “the underlying tax liability for any tax period if the person did not receive any statutory notice of deficiency”--doesn’t say that it allows such challenges “only if the person did not receive any statutory notice of deficiency.” This parsing has no support in any caselaw, as the Baltics’ counsel admitted at oral argument. And we won’t be creating any here: Congress used section 6330(c)--and only section 6330(c)-- to describe how a CDP hearing would work. We find no authority elsewhere in the Code to read that section’s command that the IRS allow challenges to liability in some situations to mean that the IRS must allow challenges to liability in all situations. The Baltics’ next sally looks more effective. They claim that making an OIC-DATL is not a challenge to their underlying liability. If it’s not, then it should have been considered at the CDP hearing, because section 6330(c)(2)(A)(iii) lists OICs asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008