- 10 - fairly in dispute and that respondent is entitled to summary disposition as a matter of law. Petitioner’s principal complaint throughout the section 6330 hearing process was directed to the underlying tax liability and his incorrect expectation that he could challenge that liability at the section 6330 hearing. However, the law is clear that if a taxpayer received a notice of deficiency with respect to the underlying liability, the taxpayer may not contest the liability in a section 6330 hearing. Sec. 6330(c)(2)(B). The undisputed facts confirm that petitioner received a notice of deficiency for 2002. Petitioner submitted a letter evidencing his intention to dispute the notice, which the Court treated as an imperfect petition to protect petitioner’s right to contest the notice of deficiency. The resulting case was dismissed for lack of jurisdiction because petitioner failed to comply with this Court’s order to file a proper amended petition. Petitioner’s other complaint was that he had requested a face-to-face hearing. However, the undisputed facts reveal that the settlement officer advised petitioner that she would schedule a face-to-face hearing if petitioner identified the relevant, nonfrivolous issues he wanted to discuss at that hearing. Petitioner did not do so. Respondent, acting in accordance with his administrative procedures, scheduled two telephone hearings that petitioner did not participate in. The undisputed factsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: March 27, 2008