Joseph Giamelli - Page 43




                                       - 43 -                                         
          could have raised at the section 6320 hearing but did not.  The             
          majority opinion concludes as follows:                                      
                    Because the only issue raised with the Appeals                    
               officer was the installment agreement, our review is                   
               limited to the determination reached by the Appeals                    
               officer to reject the proposed installment agreement                   
               because of Mr. Giamelli’s noncompliance.  The argument                 
               that an estate is a separate person and is entitled to                 
               its own collection review hearing fails for the same                   
               reason.  While the estate has cited no authority for                   
               this novel argument, and we know of none, such an                      
               argument is not timely.  As discussed above, our review                
               is limited to the determination issued by respondent’s                 
               Appeals Office.  * * *                                                 
          Majority op. p. 16.                                                         
               The majority justifies its summary dismissal of the estate’s           
          argument that it is entitled to its own collection review hearing           
          under section 6320 by its conclusion that the argument “is not              
          timely”.  However, the estate did not exist at any time during              
          the section 6320 hearing process and consequently, could not have           
          raised any issue before the Appeals Office.  It is only because             
          of the unexpected death of Mr. Giamelli in an automobile accident           
          after the section 6320 hearing process had been completed and               
          after Mr. Giamelli had filed his petition in this Court that the            
          estate came into being and had any opportunity to raise issues              
          regarding the lien filed with respect to Mr. Giamelli’s unpaid              
          2001 tax liability.                                                         
               The majority appears to assume that the only reason the                
          estate is contending it should receive a separate notice under              
          section 6320 is to permit the estate to receive a section 6320              






Page:  Previous  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next 

Last modified: November 10, 2007