Edwin E. and Bertalina Alvarez - Page 4

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          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.                          







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