- 7 - administrative files relating to 1977 through 1984. Respondent submitted with the status report unsigned copies of the revenue agent’s reports relating to 1977 through 1984. OPINION I. Jurisdiction Section 63302 generally provides that respondent cannot proceed with collection by levy until the taxpayer has been given notice and the opportunity for an administrative review of the matter (in the form of a hearing before Appeals) and, if dissatisfied, with judicial review of the administrative determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). If the validity of the underlying tax liability is at issue, the Court will review a taxpayer’s liability de novo. The Court reviews other administrative determinations for an abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). II. Tax Years 1977 Through 1983 Respondent concedes that he did not send a notice of deficiency to petitioner, and that petitioner did not otherwise have an opportunity to dispute his tax liability relating to 1977 through 1983. Thus, petitioner may challenge the existence or 2 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect at relevant times.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011