Kenneth A. Schrems - Page 4




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               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.              






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