Michael J. Roberts - Page 13




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          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 letter                 





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