Shlomo Limor - Page 6




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          collection activity, including spousal defenses, challenges to              
          the appropriateness of the Commissioner’s intended collection               
          action, and alternative means of collection.  Secs. 6320(b) and             
          (c); 6330(c); see Sego v. Commissioner, 114 T.C. 604, 609 (2000);           
          Goza v. Commissioner, 114 T.C. 176, 180 (2000).                             
               The taxpayer may raise challenges “to the existence or                 
          amount of the underlying tax liability”, however, only if he “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).                                   
               Where the validity of the tax liability is not properly part           
          of the appeal, the taxpayer may challenge the determination of              
          the Appeals officer for abuse of discretion.  Sego v.                       
          Commissioner, supra at 609-610; Goza v. Commissioner, supra at              
          181-182.                                                                    
               Here, petitioner received a statutory notice of deficiency             
          for 2002.  Although he filed his petition with the Court beyond             
          the statutory period, he has not alleged or proven that the                 
          notice was not received in time for him to have filed timely.               
          See Kuykendall v. Commissioner, 129 T.C. ___ (2007); sec.                   
          301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs.  As a matter of            
          law, petitioner is precluded from raising a challenge “to the               
          existence or amount of the underlying tax liability”.  See sec.             
          6330(c)(2)(B).                                                              







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