Janie M. Dixon and Joseph Dixon, Jr. - Page 9

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          the taxpayer to seek judicial review in the Tax Court or a U.S.             
          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).]                               
          II.  Analysis                                                               
               As to the case at bar, the sole contention advanced by                 
          petitioners in their pleadings with respect to the Notices of               
          Determination Concerning Collection Action(s) pertains to their             
          underlying liability for the 1997 year.  Specifically, the                  
          question of whether petitioners received unreported income would            
          affect the amount of taxes owed for 1997.  Petitioners, however,            
          were previously issued a statutory notice of deficiency for 1997            
          but failed to institute a case in this Court.  They have at no              
          time alleged that they did not receive the deficiency notice, and           
          respondent’s records do not show that the notice was returned as            
          unclaimed or undeliverable.  Accordingly, section 6330(c)(2)(B)             
          precludes petitioners from disputing the unreported income issue            
          and their corresponding liability in the instant proceeding.                
               With respect to matters subject to review in collection                
          proceedings for abuse of discretion, the spousal claim advanced             






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