Thomas E. Roberts - Page 10

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          liability is properly at issue, the Court reviews any                       
          determination regarding the underlying tax liability de novo.               
          Sego v. Commissioner, supra at 610; Goza v. Commissioner, supra             
          at 181-182.  The Court reviews other administrative                         
          determinations regarding the proposed levy action for abuse of              
          discretion.  Sego v. Commissioner, supra.                                   
               Petitioner makes no claim that the Appeals officer failed to           
          obtain verification that the requirements of any applicable law             
          or administrative procedure have been met.  See sec. 6330(c)(1).            
          Instead, petitioner’s challenge to respondent’s determination               
          raises issues almost exclusively related to the existence of his            
          1997 Federal income tax liability.  See sec. 6330(c)(2)(B).2                
               Although a notice of deficiency was issued to petitioner for           
          1997, respondent concedes that petitioner did not receive that              
          notice.  Consequently, respondent does not dispute petitioner’s             
          right to challenge the existence or the amount of his 1997                  
          Federal income tax liability in this proceeding.                            
               After careful consideration of the evidence presented in               
          this proceeding, we find that petitioner has failed to establish            

               2  Sec. 6330(c)(2)(B) provides:                                        
                    (B) Underlying liability.--The person may also                    
               raise at the hearing challenges to the existence or                    
               amount of the underlying tax liability for any tax                     
               period if the person did not receive any statutory                     
               notice of deficiency for such tax liability or did not                 
               otherwise have an opportunity to dispute such tax                      
               liability.                                                             






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