Raymond Wright - Page 7




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          administrative or judicial proceeding in which the taxpayer                 
          meaningfully participated.  Sec. 6330(c)(4); Katz v.                        
          Commissioner, 115 T.C. 329, 339 (2000).                                     
               Petitioner received a notice of deficiency for 1987 and                
          1989, and he litigated the underlying tax liability in this                 
          Court.  Wright v. Commissioner, T.C. Memo. 1998-224, affd.                  
          without published opinion 173 F.3d 848 (2d Cir. 1999).                      
          Accordingly, petitioner cannot contest the underlying tax                   
          liability for 1987 and 1989.3  Sec. 6330(c)(2)(B); Katz v.                  
          Commissioner, supra at 339-340; Sego v. Commissioner, supra at              
          610-611; Goza v. Commissioner, supra at 182-183.  Where the                 
          validity of the underlying tax liability is not properly in                 
          issue, we review the Commissioner’s determination for an abuse of           
          discretion.  Sego v. Commissioner, supra at 610.                            
          Did Petitioner Raise Interest Abatement at the Section 6330                 
          Hearing?                                                                    
               The parties disagree on whether petitioner raised the issue            
          of interest abatement at the section 6330 hearing.  Petitioner              
          argues that he raised the issue of interest abatement in his                
          request for a hearing and at the section 6330 hearing.                      
          Respondent contends that he did not.                                        
               If, as part of a section 6330 proceeding, a taxpayer makes a           



               3  The doctrine of res judicata also precludes relitigation            
          of the issues decided in petitioner’s underlying tax case.  Katz            
          v. Commissioner, 115 T.C. 329, 240, n.16 (2000).                            





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