- 13 - that Rule 155 computations would be necessary. We will therefore order Rule 155 computations in both the section 6330 cases and the deficiency case. See Sponberg v. Commissioner, T.C. Memo. 2002-177. 1. Judicial Review and Burden of Proof If the taxpayers in a section 6330 case did not receive a notice of deficiency or otherwise have an opportunity to dispute the tax liability, the Court reviews the underlying tax liability de novo; the Court reviews for abuse of discretion the administrative determination of the IRS Appeals Office to collect the tax liability. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). We review de novo respondent’s determinations that petitioners are liable for the section 6654(a) and 6651(a)(1) and (2) additions to tax. See Downing v. Commissioner, 118 T.C. 22, 29 (2002); Joye v. Commissioner, T.C. Memo. 2002-14. If we should find petitioners are liable for those additions to tax, we would review for abuse of discretion respondent’s determinations to proceed to collect those additions. See Downing v. Commissioner, supra; Joye v. Commissioner, supra. Respondent concedes, under section 7491(c), that he bears the burden of production of coming forward with sufficient evidence that the additions to tax are appropriate. See Higbee v. Commissioner, 116 T.C. 438, 446-447 (2001); cf. Joye v.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011