- 4 - Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). Where the existence or amount of underlying tax liability is not properly at issue, we review the determination for abuse of discretion. Sego v. Commissioner, supra at 610; Goza v. Commissioner, supra at 181-182. With respect to tax year 1996, petitioners received a notice of deficiency as reflected by the fact that they attached the first page of that notice to their prior petition to this Court. Accordingly, petitioners are not entitled to challenge their underlying tax liability for 1996. Petitioners consented to the assessment of their 1998 tax and are not challenging their underlying liability for that year. Therefore, we review the Appeals officer’s determination for abuse of discretion. The notice of determination states that the only challenge at the hearing was to the existence or amount of the 1996 tax liability. At trial, petitioners did not dispute this statement, and no collection alternatives, challenges to the appropriateness of the NFTL filing, or spousal defenses were raised at the hearing or at the trial. Accordingly, we hold that the Appeals officer’s determination that the filing of the NFTL was appropriate was not an abuse of discretion. Decision will be entered for respondent.Page: Previous 1 2 3 4
Last modified: May 25, 2011