-6- determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). In the event of such a judicial review, the Court’s standard of review depends on whether the underlying tax liability is at issue. The Court reviews a taxpayer’s liability under the de novo standard where the validity of the underlying tax liability is at issue. The Court reviews other administrative determinations for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). A taxpayer’s underlying tax liability may 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.” Sec. 6330(c)(2)(B). In order to discern the issues in this case, we focus on assignments of error set forth in the petition that commenced this proceeding. Rule 331(b)(4) (“Any issue not raised in the assignments of error shall be deemed to be conceded.”) Petitioners assert in their petition the following 10 allegations of error in the Appeals officer’s determination: (1) Respondents Notice of Determination claims a Determination. Petitioner denies having a Determination (2) Respondents Notice of Determination claims unreported and under reported income. Petitioner denies having unreported or under reported income. (3) Respondents IRS Form 4549, income tax examination changes, claims a tax liability. Petitioner denies having a tax liability. (4) Respondent has failed to provide petitioner with certified assessment information as per Internal Revenue Regulation 301.6203-1. (5) Respondent claims a Determination, but has failed to provide petitionerPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011