- 7 - Commissioner, 95 T.C. 624, 629 (1990), affd. without published opinion 956 F.2d 1168 (9th Cir. 1992). The Commissioner may redelegate that authority to his or her subordinates. Id. at 629-630. Petitioner cites no authority, and we know of none, which requires the Commissioner to provide a copy to a taxpayer of the delegation orders for a notice of deficiency to be valid. Petitioner’s contention that she must file a return before the Commissioner may determine an income tax deficiency is also without merit. Respondent may determine a deficiency for a taxpayer who has not filed a return. Hartman v. Commissioner, 65 T.C. 542, 545-546 (1975). A taxpayer may dispute his or her underlying tax liability at the section 6330 hearing only if he or she did not receive a notice of deficiency for the taxes in question or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B). Petitioner received notices of deficiency for 1993 and 1994. Thus, petitioner was not entitled to dispute the existence or amount of her tax liabilities for those years at the section 6330 hearing. Id. B. Whether Respondent’s Determination To Proceed With Collection as to Petitioner’s 1993 and 1994 Tax Years Was an Abuse of Discretion Petitioner contends that she did not receive a fair hearing and that respondent’s determination to proceed with collection of her 1993 and 1994 tax liabilities was an abuse of discretionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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