Neal Swanson - Page 14

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          III. Standard of Review                                                     
               Where the validity of the underlying tax liability is not              
          properly at issue, we review the Commissioner’s administrative              
          determinations for abuse of discretion.  Sego v. Commissioner,              
          supra at 610; Goza v. Commissioner, supra at 183.  Petitioner               
          received a notice of deficiency, and his arguments are challenges           
          to the appropriateness of the collection action.  Therefore, we             
          review the determination to proceed with collection for abuse of            
          discretion.                                                                 
               In this case, respondent’s determination regarding whether             
          petitioner’s unpaid liabilities were discharged in bankruptcy               
          required the interpretation and application of bankruptcy law.              
          If respondent’s determination was based on erroneous views of the           
          law and petitioner’s unpaid liabilities were discharged in                  
          bankruptcy, then we must reject respondent’s views and find that            
          there was an abuse of discretion.  See, e.g., Cooter & Gell v.              
          Hartmarx Corp., 496 U.S. 384, 405 (1990) (abuse of discretion               
          occurs if ruling was based on erroneous view of the law); Abrams            
          v. Interco, Inc., 719 F.2d 23, 28 (2d Cir. 1983) (stating that it           
          is not inconsistent with the abuse of discretion standard to                
          decline to honor a purported exercise of discretion that is                 
          infected by an error of law).                                               









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