- 4 - amended returns or petitioning the Tax Court. You are precluded from raising liability as an issue under IRC 6330(c)(2)(B). You have not provided any relevant information or proposed any alternative collection resolutions. You were offered an opportunity for a hearing to raise appropriate issues under the statute. You did not respond to this opportunity. Without further cooperation, it is Appeals determination that the proposed collection action balances the need for efficient collection of taxes with the taxpayer’s legitimate concern that any collection action be no more intrusive than necessary. Petitioner timely filed a petition for judicial review of that determination. After the time the petition was filed with this Court, but before trial, respondent provided petitioner with copies of the Form 4340, Certificate of Assessments and Payments, for each year at issue. OPINION In the judicial review of a section 6330 determination where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. Where the underlying liability is not at issue, the Court will review the Commissioner's administrative determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). In this case, the validity of the underlying tax is not at issue; consequently we review respondent’s determination under the abuse of discretion standard.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011