Julian Quinton Johnson - Page 15

                                       - 14 -                                         
             years.  Thus, it appears that petitioner could have                      
             disputed the merits of his underlying tax liability for                  
             those years at the CDP hearing.  See Poindexter v.                       
             Commissioner, 122 T.C. 280, 284 (2004); Montgomery v.                    
             Commissioner, 122 T.C. 1, 9 (2004).  However, petitioner                 
             did not raise his underlying tax liability for any of those              
             years as an issue either in his request for the CDP hearing              
             or in his petition for review in this Court.  Therefore,                 
             petitioner’s underlying tax liability is not at issue in                 
             this case.  See Poindexter v. Commissioner, supra;                       
             Lunsford v. Commissioner, 117 T.C. at 185-187; Davis v.                  
             Commissioner, 115 T.C. 35, 39 (2000).  As to all of the                  
             years in issue in this case, the determination is to be                  
             reviewed for abuse of discretion.                                        
                  We do not agree with respondent that the Court’s                    
             review of the Appeals officer’s levy determination is                    
             governed by the judicial review provisions of the                        
             Administrative Procedure Act, such that, in the words of                 
             respondent’s motion, “its review may not go beyond the                   
             administrative record.”  To the contrary, in Robinette v.                
             Commissioner, supra at 95, the Court held that we were not               
             limited by the Administrative Procedure Act when reviewing               
             a levy determination for abuse of discretion and “our                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011