Gene C. Smith - Page 3




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               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 his             





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