- 9 - action, and possible alternative means of collection. A taxpayer may contest the existence or amount of the underlying tax liability at an Appeals Office hearing only if the taxpayer did not receive any statutory notice of deficiency for the tax liability or did not otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B); see Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114 T.C. 176, 180-181 (2000). Moreover, except in certain limited circumstances, a person is generally precluded from raising at the Appeals Office hearing any issue raised and considered in any previous administrative or judicial proceeding. Sec. 6330(c)(4). Where the validity of the underlying tax liability is properly at issue, we review that issue de novo. See Sego v. Commissioner, supra at 610. Other issues we review for abuse of discretion. Id. On brief, petitioner acknowledges that he “has not challenged the validity of the tax liability” and that we should review respondent’s determination in this collection proceeding for abuse of discretion. B. Verification Requirement Petitioner contends that the Appeals officer failed to obtain verification from the Secretary that the requirements of all applicable laws and administrative procedures had been met as required by section 6330(c)(1). Section 6330(c)(1) does not require the Commissioner to relyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011