- 7 - unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). There is no genuine issue as to any material fact in this case. Respondent, pursuant to section 6331(a), was seeking to levy on petitioner’s property. In accord with sections 6330(a) and 6331(d), respondent provided petitioner with a final notice of intent to levy, which also included notice of petitioner’s right to an administrative appeal of respondent’s decision to collect the tax. In that regard, the Commissioner cannot collect by levy without the opportunity for a taxpayer to seek an administrative review of the determination to proceed with collection and/or the opportunity for judicial review of the administrative determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000). Petitioner opted for an administrative appeal, and after respondent’s decision to go forward with collection, he sought review by this Court. Petitioner did not file a petition upon the issuance of the notice of deficiency, so he is afforded review solely on the question of abuse of respondent’s discretion because the validity of the underlying liability is not at issue. Sec. 6330(c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 610 (2000). Because petitioner is not entitled to question the underlying tax liability, his administrative hearing is limitedPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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