Stanley Howard - Page 4




                                        - 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