- 6 - a final notice of intent to levy, which also included notice of petitioners’ right to an administrative appeal of respondent’s determination to collect the tax. In that regard, the Commissioner cannot collect unpaid tax by levy without the opportunity for a taxpayer to seek an administrative review of the determination to proceed with collection, and/or the opportunity for judicial review of the administrative determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000). Petitioners did not file a petition following their receipt of the notice of deficiency, so the validity of the underlying liability was not properly at issue in the administrative hearing, and is not at issue here. Accordingly the Court will review the administrative determination for abuse of discretion. Sec. 6330(c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 610 (2000). Because petitioners were not entitled to question the underlying tax liability, their administrative hearing was limited to collection issues, including spousal defenses, the appropriateness of respondent’s intended collection action, and a possible alternative to collection. Petitioners disputed the appropriateness of respondent’s proposed collection action by questioning whether the Appeals officer had satisfied the verification requirement of section 6330(c)(1). Petitioners also raised questions about whether respondent met various statutoryPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011