Timothy L. Clouse - Page 4




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          the hearing that the applicable laws and administrative                     
          procedures have been followed.  Sec. 6330(c)(1).  At the hearing,           
          the person requesting a hearing may raise any relevant issues               
          relating to the unpaid tax or the proposed levy, including                  
          appropriate spousal defenses, challenges to the appropriateness             
          of collection actions, and collection alternatives.  Sec.                   
          6330(c)(2)(A).  The person may challenge the existence or amount            
          of the underlying tax, however, only if he or she did not receive           
          any statutory notice of deficiency for the tax liability or did             
          not otherwise have an opportunity to dispute the tax liability.             
          Sec. 6330(c)(2)(B).  A taxpayer who has self-assessed a liability           
          has not had the opportunity to dispute his tax liability and may            
          raise the underlying liability in a collection review proceeding.           
          See Montgomery v. Commissioner, 122 T.C. 1, 9 (2004).                       
               Where the validity of the underlying tax liability is                  
          properly in issue, the Court will review the matter de novo.                
          Where the validity of the underlying tax is not properly in                 
          issue, however, the Court will review the Commissioner’s                    
          administrative determination for abuse of discretion.  Sego v.              
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 181-182 (2000).                                                   












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