Timothy Vincent Tipp - Page 5




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          Commissioner cannot proceed with the collection of taxes by way             
          of a levy on a taxpayer's property until the taxpayer has been              
          given notice of and the opportunity for an administrative review            
          of the matter (in the form of an Appeals Office hearing), and, if           
          dissatisfied, with judicial review of the administrative                    
          determination in either the Tax Court or Federal District Court.            
          Section 6330(c)(2)(B) provides that neither the existence                   
          nor the amount of the underlying tax liability can be contested             
          at an Appeals Office hearing unless the taxpayer did not receive            
          a notice of deficiency for the taxes in question or did not                 
          otherwise have an earlier opportunity to dispute such tax                   
          liability.  Section 6330(d)(1)(A) provides that a taxpayer may              
          file a petition for review of the Commissioner's administrative             
          determination with the Tax Court.                                           
               In Goza v. Commissioner, 114 T.C. 176 (2000), we explained             
          that section 6330(c) provides for an Appeals Office hearing to              
          address collection issues such as spousal defenses, the                     
          appropriateness of the Commissioner's intended collection action,           
          and possible alternative means of collection.  The taxpayer in              
          Goza v. Commissioner, supra, had received a notice of deficiency,           
          yet failed to file a petition for redetermination with the Court.           
          When the taxpayer subsequently attempted to use the Court's                 
          collection review procedure as a forum to assert frivolous and              
          groundless constitutional arguments against the Federal income              






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