Regina S. Davis - Page 4




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                    notice of deficiency for such tax liability or did not            
                    otherwise have an opportunity to dispute such tax                 
                    liability.                                                        
          The determination of the Appeals officer may be reviewed                    
          judicially if the taxpayer files a timely petition in this Court            
          or in an appropriate United States District Court.  See sec.                
          6330(d).  In Goza v. Commissioner, 114 T.C. 176, 181-182 (2000),            
          we noted that “where the validity of the underlying tax liability           
          is properly at issue, the Court will review the matter on a de              
          novo basis.  However, where the validity of the underlying tax              
          liability is not properly at issue, the Court will review the               
          Commissioner’s administrative determination for abuse of                    
          discretion.”                                                                
               The constitutionality of the levy provisions has long been             
          established.  See United States v. National Bank of Commerce, 472           
          U.S. 713, 721 (1985); Davis v. Commissioner, 115 T.C. 35, 36                
          (2000).  We assume, therefore, that when petitioner refers to a             
          denial of a “due process” hearing, she is referring to statutory            
          rights under section 6330, rather than a constitutional attack on           
          the levy power.                                                             
               In the hearing before this Court petitioner alleged that she           
          was denied “due process” on the grounds that (1) she is not a               
          taxpayer because “the Internal Revenue laws repealed [the]                  
          National Prohibition Act”; (2) “anything that was called adjusted           
          gross income is actually the Quam [Guam] income tax” and that               
          does not apply to petitioner; (3) “the U.S. Internal Revenue                




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