- 3 - You failed to petition the Tax Court after statutory notices of deficiency were mailed to you. The only legal requirements before taking general collection enforcement actions are the notice and demand, the notice of intent to levy, and the notice of right to collection due process hearing. With the best information available, it is determined the requirements of various applicable law and administrative procedures have been met. All legal and procedural requirements and the levies proposed were appropriate under the circumstances. OPINION Where the validity of the underlying tax liability is properly at issue in an appeal brought under section 6330(d), the Court will review the taxpayer’s liability under the de novo standard. Where the underlying liability is not at issue, the Court will review the Commissioner’s administrative determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). To determine which standard of review applies, the Court must decide whether petitioner’s underlying tax liability is at issue. A taxpayer may challenge “the existence or amount of the underlying tax liability for any tax period if the * * * [taxpayer] 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). Petitioner’s sole allegation in his petition is that respondent’s determination is incorrect in that it fails to reflect certain deductions. Petitioner alleged in his opening statement that the notices of deficiency were not mailed to hisPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011