Duane E. Hudspath - Page 20

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               ingly, petitioner is precluded from challenging those                  
               items in this [petitioner’s affected items] proceeding                 
               [petitioner’s TEFRA-related case at docket No. 14741-                  
               02].  See secs. 6221, 6226; Brookes v. Commissioner,                   
               supra at 5-7.                                                          
          Id.                                                                         
               For the same reasons on which we relied in rejecting peti-             
          tioner’s position in petitioner’s affected items proceeding, id.,           
          we reject petitioner’s position in the instant case.  On the                
          record before us, we find that petitioner may not challenge the             
          existence or the amount of petitioner’s respective unpaid liabil-           
          ities for 1996 and 1997.  See sec. 6330(c)(2)(B).                           
               Where, as is the case here, the validity of the underlying             
          tax liability is not properly placed at issue, the Court will               
          review the determination of the Commissioner for abuse of discre-           
          tion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.              
          Commissioner, 114 T.C. 176, 181-182 (2000).                                 
               Based upon our examination of the entire record before us,             
          we find that respondent did not abuse respondent’s discretion in            
          determining in the notice of determination that, as long as                 
          petitioner is in compliance with the installment agreement into             
          which he voluntarily entered with respect to petitioner’s respec-           
          tive unpaid liabilities for 1996 and 1997, the notice of intent             
          to levy is moot.  On that record, we shall grant respondent’s               
          motion.                                                                     
               We have considered all of petitioner’s statements, conten-             






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