- 5 - 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).Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007