- 6 - 4549-CG, there is no evidence that petitioner ever protested the effect of his waiver and agreement to an assessment in subsequent events, such as responding to collection notices, etc. Moreover, there is no indication that this issue was brought up by petitioner at his hearing before the Appeals officer in connection with respondent's notice of intent to proceed with collection under section 6330. The statement attached to the Notice of Determination by the Appeals officer provides no information that petitioner's contention as to the Form 4549-CG was even raised or considered at the hearing, nor did petitioner at trial claim that it was raised at his hearing before the Appeals officer. The Court, therefore, rejects petitioner's claim that his prior consent to assessment and collection should be disregarded. The validity of the underlying tax liability, therefore, is not properly at issue. When, as here, the underlying liability is not at issue, this Court reviews the Commissioner's determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). Accordingly, the Court holds that there was no abuse of discretion by respondent in determining that collection could proceed with respect to petitioner's 1994 liability.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011