- 8 - issue previously raised and considered in a hearing or other administrative or judicial proceeding in which the taxpayer participated meaningfully. Sec. 6330(c)(4) (preclusion rule). The resulting determination must take into consideration the need for efficient tax collection as well as the legitimate concerns of the taxpayer that any collection action be no more intrusive than necessary. Sec. 6330(c)(3)(C). This Court has jurisdiction to review such determination upon a timely taxpayer request. Sec. 6330(d). Where the underlying liability is not properly at issue, we review respondent’s determination for abuse of discretion. Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). After conducting administrative proceedings, on February 11, 1999, Appeals sustained respondent’s denial of the extension request. At the hearing, the estate sought review of the Appeals’ denial. Respondent contends that, pursuant to the section 6330(c)(4) preclusion rule, the estate may not raise and respondent is not required to address the Appeals’ denial. The estate contends that issues raised in proceedings conducted before January 19, 1999, section 6330’s effective date, are not subject to the section 6330(c)(4) preclusion rule. We agree with respondent that there is no authority for the estate’s contention that section 6330(c)(4) limits the definition of a “previous administrative * * * proceeding” to one occurringPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011