Michael W. Bethea - Page 8

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               Once the Appeals officer has issued a determination                    
          regarding the disputed collection action, section 6330(d) allows            
          the taxpayer to seek judicial review in the Tax Court or a                  
          District Court.  In considering whether taxpayers are entitled to           
          any relief from the Commissioner’s determination, this Court has            
          established the following standard of review:                               
               where the validity of the underlying tax liability is                  
               properly at issue, the Court will review the matter on                 
               a de novo basis.  However, where the validity of the                   
               underlying tax liability is not properly at issue, the                 
               Court will review the Commissioner’s administrative                    
               determination for abuse of discretion. [Sego v.                        
               Commissioner, 114 T.C. 604, 610 (2000).]                               
               A.  Review of Underlying Liability                                     
               Petitioner apparently seeks to challenge in this case the              
          existence of his underlying liability on grounds that the notice            
          of deficiency he received was invalid due to lack of a delegation           
          of authority from the Secretary to the Director of the Service              
          Center who issued the notice.  This contention, however is                  
          without merit.  As this Court has explained:                                
               The Secretary or his delegate may issue notices of                     
               deficiency.  Secs. 6212(a), 7701(a)(11)(B) and                         
               (12)(A)(i).  The Secretary’s authority to issue notices                
               of deficiency was delegated to the District Director                   
               and also to the Director of the Service Center * * *. *                
               * * secs. 301.6212-1(a), 301.7701-9(b), Proced. &                      
               Admin. Regs. * * * [Nestor v. Commissioner, 118 T.C.                   
               162, 165 (2002).]                                                      
               Accordingly, because petitioner received a valid notice of             
          deficiency and did not timely petition for redetermination, he is           







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