- 4 - alternatives. Sec. 6330(c)(2)(A). The person may challenge the existence or amount of the underlying tax liability, however, only if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. Sec. 6330(c)(2)(B). For purposes of section 6330(c)(2)(B), a person who has waived his or her right to challenge the proposed assessments is deemed to have had the opportunity to dispute tax liabilities and is thereby precluded from challenging those tax liabilities in the hearing or before this Court. Aguirre v. Commissioner, 117 T.C. 324, 327 (2001). In the instant case, by signing Form 4549, petitioner waived his right to raise the issue of his underlying tax liabilities in Tax Court. Id. Form 4549 states: Consent to Assessment and Collection-I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest in the United States Tax Court the findings in this report. Therefore, I give my consent to the immediate assessment and collection of any increase in tax and penalties, and accept any decrease in tax and penalties as shown above, plus additional interest as provided by law. Accordingly, we hold that petitioner may not raise the underlying tax liabilities in the instant case.2 2 Respondent also contends that petitioner is not entitled to raise the underlying tax liabilities because petitioner failed to request a hearing on the Levy Notice. We need not address this issue.Page: Previous 1 2 3 4 5 6 NextLast modified: November 10, 2007