- 15 - plaintiff’s claims that the tax assessments are invalid are without merit for the reasons stated by the United States in its reply brief.” Follum v. United States, 83 AFTR 2d 99-1627 n.4, 99-1 USTC par. 50,395, at 87,966 n.4. The Court of Appeals for the Second Circuit affirmed the District Court’s judgment. Follum v. United States, 199 F.3d 1322 (2d Cir. 1999). The District Court in the New York case denied petitioner’s section 6303 claim not on jurisdictional grounds but on the grounds that he had not timely raised the issue and that the allegations were without merit. If petitioner had raised the section 6303 claim timely, there would have been subject matter jurisdiction under 28 U.S.C. sec. 2410 over the claim because it was a challenge to the procedural validity of the collection action and not to the existence of the tax liability. See Hughes v. United States, 953 F.2d 531, 538 (9th Cir. 1992). In the District Court for the Eastern District of North Carolina, petitioner alleged again that the Government had not sent him the notice and demand for payment required by section 6303. See Follum v. United States, 89 AFTR 2d 2002-1625 (E.D.N.C. 2001), which was not appealed. The District Court dismissed the case, holding that petitioner was seeking the same relief as in the New York case, that the grounds on which he based his claim were “previously available” to him in that suit, and that consequently, his suit in the North Carolina case was barred byPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007