Robert L. Perkins - Page 10




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          discretion is without sound basis in fact or law.  See Freije v.            
          Commissioner, 125 T.C. 14, 23 (2005); Ansley-Sheppard-Burgess Co.           
          v. Commissioner, 104 T.C. 367, 371 (1995).                                  
          II. Challenges to the Underlying Liability                                  
               Petitioner's principal argument is that he did not receive             
          the hearing to which he was entitled under section 6330 because             
          the Appeals employee refused to consider challenges to the                  
          underlying tax liability.  Pursuant to section 6330(c)(2)(B), the           
          existence or amount of the underlying tax liability may be                  
          challenged only if the taxpayer did not receive a statutory                 
          notice of deficiency with respect to the underlying tax liability           
          or did not otherwise have an opportunity to dispute that                    
          liability.                                                                  
               No statutory notice of deficiency was sent to petitioner for           
          2000.  The unpaid tax that respondent seeks to collect by levy              
          consists in part of an amount reported as due on petitioner's               
          return but unpaid, and an additional amount assessed by                     
          respondent pursuant to the "math error" procedures under section            
          6213(b)(1).                                                                 
               The settlement officer did not permit petitioner to                    
          challenge the underlying tax liability in connection with his               
          hearing, on the grounds that he had a prior opportunity to                  
          dispute the liability within the meaning of section 6330(c)(2)(B)           









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