Michael J. Yacksyzn - Page 10




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          been given notice and the opportunity for an administrative                 
          review of the matter (in the form of an Appeals Office hearing)             
          and, if dissatisfied, with judicial review of the administrative            
          determination.  See Davis v. Commissioner, 115 T.C. 35, 37                  
          (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000).                     
               Section 6330(c) prescribes the matters that a person may               
          raise at an Appeals Office hearing.  In sum, section 6330(c)                
          provides that a person may raise collection issues such as                  
          spousal defenses, the appropriateness of the Commissioner's                 
          intended collection action, and possible alternative means of               
          collection.  Section 6330(c)(2)(B) provides that the existence              
          and amount of the underlying tax liability can be contested at an           
          Appeals Office hearing only if the person did not receive a                 
          notice of deficiency for the taxes in question or did not                   
          otherwise have an earlier opportunity to dispute the tax                    
          liability.  See Sego v. Commissioner, 114 T.C. 604, 609 (2000);             
          Goza v. Commissioner, supra.  Section 6330(d) provides for                  
          judicial review of the administrative determination in the Tax              
          Court or a Federal District Court, as may be appropriate.                   
               A.  Dismissal for Failure To State a Claim                             
               Petitioner argues that the assessment made against him is              
          invalid because respondent failed to demonstrate that petitioner            
          is subject to the Federal income tax.  Petitioner’s argument                
          fails for two reasons.  First, there is no dispute in this case             






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