- 13 - See sec. 6213(a). He thus is barred from challenging the underlying tax liabilities in this collection proceeding. Accordingly, his contentions regarding lack of taxable income, as well as the burden of proof with respect thereto, are not properly at issue and will not be considered. We therefore review respondent’s section 6330 determination solely for abuse of discretion. III. Review for Abuse of Discretion In addressing whether the circumstances of this case reveal any abuse of discretion, we first deal with the allegation in the petition that respondent “wrongfully ignored issuing a 30 day appeal to the Petitioner.” To the extent that this statement might refer to the preliminary 30-day letter and associated Appeals hearing that, as a matter of administrative practice, typically precede issuance of a notice of deficiency (or 90-day letter), any such argument has been repeatedly rejected. See, e.g., Smith v. United States, 478 F.2d 398, 400 (5th Cir. 1973); Rosenberg v. Commissioner, 450 F.2d 529, 531-533 (10th Cir. 1971), affg. T.C. Memo. 1970-201; Bromberg v. Ingling, 300 F.2d 859, 861 (9th Cir. 1962); Montgomery v. Commissioner, 65 T.C. 511, 522 (1975); Edwards v. Commissioner, T.C. Memo. 2002-169. As this Court recently summarized: The Internal Revenue Code and the regulations do not require the Commissioner to send a preliminary 30- day letter or to hold an administrative Appeals hearing before issuing a notice of deficiency. A 30-day letterPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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