- 7 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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