Joseph E. Lewis - Page 9




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          provides:                                                                   
               (2).  Issues at hearing.--                                             
               *       *       *       *       *       *       *                      
               (B) Underlying liability.--The person may also                         
               raise at the hearing challenges to the existence or                    
               amount of the underlying tax liability for any tax                     
               period 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.                                                             
               Respondent has promulgated regulations regarding section               
          6330(c)(2)(B) pursuant to his authority under section 7805(a).              
          Section 301.6330-1(e), Proced. & Admin. Regs., provides in                  
          pertinent part:                                                             
               (e) Matters considered at CDP hearing.--(1) In                         
               general. * * * The taxpayer also may raise challenges                  
               to the existence or amount of the tax liability                        
               specified on the CDP Notice for any tax period shown on                
               the CDP Notice if the taxpayer did not receive a                       
               statutory notice of deficiency for that tax liability                  
               or did not otherwise have an opportunity to dispute                    
               that tax liability. * * *                                              

          Section 301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs.,                   
          provides in pertinent part:                                                 
               (3) Questions and answers.  The questions and                          
               answers illustrate the provisions of this paragraph (e)                
               as follows:                                                            
               *       *       *       *       *       *       *                      
               Q-E2.  When is a taxpayer entitled to challenge                        
               the existence or amount of the tax liability specified                 
               in the CDP Notice?                                                     
               A-E2.  A taxpayer is entitled to challenge the                         
               existence or amount of the tax liability specified in                  






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Last modified: November 10, 2007