T.C. Memo. 2008-169
UNITED STATES TAX COURT
GEORGE L. ALEJOS, Petitioner v.
COMMISSIONER OF INTERNAL REVENUE, Respondent
Docket No. 13978-06L. Filed July 16, 2008.
Lorenzo W. Tijerina, for petitioner.
Bruce M. Wilpon, for respondent.
MEMORANDUM OPINION
VASQUEZ, Judge: Pursuant to section 6330(d),1 petitioner
seeks review of respondent’s determination to proceed with
collection of his unpaid 2001 income tax liability. The issue
1
Unless otherwise indicated, all section references are to
the Internal Revenue Code, and all Rule references are to the Tax
Court Rules of Practice and Procedure.
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for decision is whether respondent may proceed with collection of
the above-mentioned unpaid income tax liability.
Background
The parties submitted this case fully stipulated pursuant to
Rule 122. The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time he filed the
petition, petitioner resided in Texas.
Petitioner failed to timely file a Federal income tax return
for 2001. Respondent filed a substitute for return for 2001.
Respondent mailed to petitioner a statutory notice of deficiency
for 2001. Petitioner received the statutory notice of
deficiency. Petitioner petitioned the Court regarding the 2001
deficiency. The Court dismissed petitioner’s 2001 deficiency
case because petitioner failed to file an amended petition and
pay the filing fee.
In February 2005, respondent assessed the 2001 deficiency
(plus penalties and interest). On August 5, 2005, respondent
filed a Notice of Federal Tax Lien (NFTL) regarding petitioner’s
2001 tax year. On August 10, 2005, respondent mailed to
petitioner a Notice of Federal Tax Lien Filing and Your Right to
a Hearing Under IRC 6320 regarding 2001.
Petitioner timely submitted a Form 12153, Request for a
Collection Due Process Hearing (hearing request), regarding 2001
to respondent. In the hearing request, petitioner challenged his
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underlying liability for 2001. Petitioner attached a statement
to the hearing request challenging his underlying liability for
2001 and explaining his reasons for failing to timely file his
tax returns for 2001, 2002, 2003, and 2004.
On June 2, 2006, petitioner had a face-to-face hearing at an
Internal Revenue Service Appeals Office. During petitioner’s
section 6330 hearing, Appeals verified that all applicable legal
and procedural requirements had been followed; petitioner did not
offer any collection alternatives; and the only issue petitioner
raised was a challenge to his underlying liability for 2001.
On June 15, 2006, respondent issued to petitioner a Notice
of Determination Concerning Collection Action(s) Under Section
6320 and/or 6330 sustaining the filing of the NFTL.
Discussion
Section 6320 provides that the Secretary shall furnish the
person described in section 6321 with written notice (i.e., the
hearing notice) of the filing of a notice of lien under section
6323. Section 6320 further provides that the taxpayer may
request administrative review of the matter (in the form of a
hearing) within a 30-day period. The hearing generally shall be
conducted consistent with the procedures set forth in section
6330(c), (d), and (e). Sec. 6320(c).
Pursuant to section 6330(c)(2)(A), a taxpayer may raise at
the section 6330 hearing any relevant issue with regard to the
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Commissioner’s collection activities, including spousal defenses,
challenges to the appropriateness of the Commissioner’s intended
collection action, and alternative means of collection. Sego v.
Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114
T.C. 176, 180 (2000). If a taxpayer received a statutory notice
of deficiency for the year(s) in issue or otherwise had the
opportunity to dispute the underlying tax liability, the taxpayer
is precluded from challenging the existence or amount of the
underlying tax liability. Sec. 6330(c)(2)(B); Sego v.
Commissioner, supra at 610-611; Goza v. Commissioner, supra at
182-183.
The only issue petitioner raised at the section 6330 hearing
was a challenge to his underlying liability for 2001. Petitioner
received a statutory notice of deficiency for 2001. Accordingly,
petitioner is precluded from challenging the existence or amount
of his underlying tax liability for 2001. Sec. 6330(c)(2)(B);
Sego v. Commissioner, supra at 610-611; Goza v. Commissioner,
supra at 182-183.
Petitioner failed to raise a spousal defense, make a valid
challenge to the appropriateness of respondent’s intended
collection action, or offer alternative means of collection.
These issues are now deemed conceded. See Rule 331(b)(4).
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To reflect the foregoing,
Decision will be entered
for respondent.