Samuel S. Lee - Page 4




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          additions to tax and sustained the proposed levy to collect the             
          remainder of liability.                                                     
                                       OPINION                                        
               In a proceeding commenced under section 6330(d), the Court             
          applies a de novo standard to redetermine a taxpayer’s underlying           
          tax liability, when and if at issue, and an abuse of discretion             
          standard to review certain other administrative determinations of           
          the Commissioner.  Sego v. Commissioner, 114 T.C. 604, 610                  
          (2000).  Section 6330(c)(2)(B) provides that a taxpayer’s                   
          underlying tax liability may only be at issue if he or she “did             
          not receive any statutory notice of deficiency for such tax                 
          liability or did not otherwise have an opportunity to dispute               
          such tax liability.”                                                        
               Here, petitioner received notices of deficiency for 1991 and           
          1992 and had opportunity to dispute his liability for those                 
          years.  His underlying tax liability is therefore not in issue.             
          Petitioner’s sole argument in this proceeding concerns his right            
          to offset his tax and interest liability for those years with his           
          claimed refund for 1990.  By way of an Order dated July 24, 2002,           
          we dismissed petitioner’s allegations with respect to 1990 as the           
          credit or refund of any Federal income tax withheld by his or his           
          wife’s employer for 1990 would be time barred.  Under section               
          6511(b)(2)(A), as applicable herein, petitioner’s credit or                 
          refund of tax paid for 1990 is limited to the portion of that tax           






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