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