Howard and Everlina Washington - Page 21




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          dispute such tax liability.”  Sec. 6330(c)(2)(B).  Following the            
          section 6330 hearing, the Appeals officer must determine whether            
          the collection action is to proceed, taking into account the                
          verification the Appeals officer has made, the issues raised by             
          the person requesting the hearing, and “whether any proposed                
          collection action balances the need for the efficient collection            
          of taxes with the legitimate concern of the person that any                 
          collection action be no more intrusive than necessary.”  Sec.               
          6330(c)(3).  We have jurisdiction to review such determinations             
          where we have jurisdiction of the underlying tax liability.  Sec.           
          6330(d)(1)(A).                                                              
          III.  The Nature of the Hearing Before Us                                   
               In Sego v. Commissioner, 114 T.C. 604, 610 (2000), we                  
          discussed the standard of review that a court is to apply in                
          reviewing a section 6330 determination.  After reviewing a                  
          portion of the legislative history relevant to the enactment of             
          section 6330, we stated:                                                    
               [W]here the validity of the underlying tax liability is                
               properly at issue, the Court will review the matter on                 
               a de novo basis.  However, where the validity of the                   
               underlying tax liability is not properly at issue, the                 
               Court will review the Commissioner’s administrative                    
               determination for abuse of discretion.                                 

          See also Goza v. Commissioner, 114 T.C. 176, 181-183 (2000) (the            
          same).  Perhaps a more instructive way to describe the process              
          involved when we review a section 6330 determination would be to            






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Last modified: May 25, 2011