- 8 - 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 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011