- 10 - Commissioner, 117 T.C. 324, 327 (2001); see also Deutsch v. Commissioner, T.C. Memo. 2006-27. And that’s just the choice the Nicholses made. The Nicholses’ claim must also fail for a second reason. Before the Commissioner tried collecting the disputed 1994 liability via a lien under section 6320, he had sent them a CDP notice saying that he intended to collect via a levy under section 6330. Even if the Nicholses hadn’t signed the Form 870, failing to request a CDP hearing after getting a notice of intent to levy would bar them from contesting their tax liability. The regulation states: Where the taxpayer previously received a CDP Notice under section 6330 with respect to the same tax and tax period and did not request a CDP hearing with respect to that earlier CDP Notice, the taxpayer already had an opportunity to dispute the existence or amount of the underlying tax liability. Sec. 301.6320-1(e)(3), A-E7, Proced. & Admin. Regs; see also Bell v. Commissioner, 126 T.C. 356, 358 (2006); Mays v. Commissioner, T.C. Memo. 2006-197. The Nicholses finally argue that the Commissioner forfeited the right to invoke the above regulation--section 301.6320- 1(e)(3), A-E7, Proced. & Admin. Regs.--when he actually considered the NOLs during their later CDP hearing. See sec. 301.6320-1(f)(2), A-F5, Proced. & Admin. Regs. (allowing Tax Court review of any issue raised in the taxpayer’s CDP hearing).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011