- 10 - amount of the assessment." Sec. 301.6203-1, Proced. & Admin. Regs. Siquieros was arguing only that she herself shouldn’t be liable for her employer’s failure to pay over the taxes because she was only a secretary. The Baltics are not arguing that the IRS is going after the wrong person. Neither Baltic, for example, is claiming innocent- spouse relief; they dispute only the amount of tax due. Which is, of course, exactly what they could have challenged by filing a petition when they got their notice of deficiency. We therefore unequivocally hold that a challenge to the amount of the tax liability made in the form of an OIC-DATL by a taxpayer who has received a notice of deficiency is a challenge to the underlying tax liability. Because the Baltics already had their chance to challenge that liability, section 6330(c)(2)(B) bars them from challenging it again.8 That leaves only the settlement officer's refusal to wait until the IRS reviewed the OIC-DATL and completed its audit 8 The Baltics also argue that section 301.6330-1(e)(3), Q&A- E9, Proced. & Admin. Regs., grants discretion to IRS employees to consider challenges to liability despite section 6330(c)(2)(B) and ask us to review for abuse of discretion the decision by the settlement officer not to review their liability. We've already held that the Code itself limits the power of both the Commissioner and our Court to reconsider liability issues. Nichols v. Commissioner, T.C. Memo. 2007-5. Here, the determination did not address the precluded issue of liability, and the Baltics’ challenge amounts to nothing more than a roundabout effort to challenge what they’re prevented from challenging on appeal.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008