Hubert W.N. Chang - Page 5




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               Lien filed for the delinquent accounts * * * .  The                    
               taxpayer has raised only frivolous issues in his                       
               appeals and in correspondence he submitted since he                    
               made his appeal.  He has not raised any non-frivolous                  
               issues.                                                                
               All the legal and procedural requirements for the                      
               filing [of] the lien have been met.  The taxpayer has                  
               not made any non-frivolous arguments in his appeal.  He                
               has declined our offer to discuss legitimate                           
               alternatives to the proposed [lien filing] action.                     
               In response to the notice of determination, petitioner                 
          timely filed his petition on June 29, 2005, in which petitioner             
          alleges:                                                                    
               The basis of my complaint is what I believe to be the                  
               lack of a valid Summary Record of Assessment Form 23-C                 
               Assessment Certificate pursuant to 26 CFR section                      
               301.6203-1.  Without a valid assessment there is no                    
               liability.  Without a liability there can be no lien.                  
                                     Discussion                                       
               Where the validity of the underlying tax liability is                  
          properly at issue, the Court will review the matter de novo.                
          Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.                     
          Commissioner, 114 T.C. 176, 181 (2000).  The underlying tax                 
          liability is properly at issue if the taxpayer did not receive a            
          statutory notice of deficiency or otherwise have an opportunity             
          to dispute the tax liability.  Sec. 6330(c)(2)(B); see Behling v.           
          Commissioner, 118 T.C. 572, 576-577 (2002).                                 
               Where the validity of the underlying tax liability is not              
          properly at issue, the Court will review the Commissioner’s                 
          determination for abuse of discretion.  Sego v. Commissioner,               







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