- 4 - 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 taxPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011