- 3 - Hearing. The levy related to his unpaid liability for income tax assessments for 1993, 1994, and 1995. Petitioner requested and was granted a collection due process hearing which was held on May 12, 2000. Other than objecting that the Form 4340, Certificate of Assessment and Payments, was not a proper basis to verify the assessments petitioner raised no other arguments and offered no collection alternatives. On May 19, 2000, respondent sent a “NOTICE OF DETERMINATION CONCERNING COLLECTION ACTION(S) UNDER SECTION 6320 AND/OR 6330” to petitioner (notice of determination). The notice of determination states: “The Collection enforcement action proposed is the appropriate action in this case.” Petitioner timely filed a petition seeking judicial review of that determination. Where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. Where, as is here, the underlying liability is not at issue, the Court will review the Commissioner's administrative determination for abuse of discretion. See Sego v. Commissioner, 114 T.C. 604, 610 (2000). Petitioner alleges in the petition that respondent made the following errors in making his determination: (a) The appeals officer failed to get proper verification from the Secretary that the service met the requirements of any applicable law or administrative procedure as required by �6330(c)(1), 26 CFR �301.6320-T(e)(1)[sic] and 26 CFR �301.6330- T(e)(1)[sic].Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011