- 4 - On August 30, 2001, petitioner, while residing in Palm Harbor, Florida, filed his petition for review of the determination. OPINION Section 6330(c)(2)(B) allows challenges to the existence or amount of the underlying liability if petitioner did not receive a notice of deficiency or have an opportunity to dispute the liability. Where the validity of the underlying liability is properly at issue, the Court will review the matter de novo. Davis v. Commissioner, 115 T.C. 35, 39 (2000). In cases where the validity of the liability is not properly part of the appeal, the Court reviews the Commissioner's administrative determination for abuse of discretion. See id.; see also Goza v. Commissioner, 114 T.C. 176, 182-183 (2000). Because petitioner does not challenge the validity of the underlying tax liability in his petition, we review respondent’s determination for abuse of discretion. Petitioner contends that respondent failed to obtain verification from the Secretary that the requirements of all applicable laws and administrative procedures had been met pursuant to section 6330(c)(1). We disagree. Both the assessment of taxes and the recordation of the lien at issue were carried out in accordance with all appropriate statutes and regulations, as verified in the notice of determination. Sec.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011