Theodore W. Banis, Jr. - Page 7

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               Section 6330(c)(1) requires that the Appeals officer, at the           
          Appeals Office hearing, obtain verification “that the                       
          requirements of any applicable law or administrative procedure              
          have been met.”  Section 6330(c)(2)(A) prescribes the relevant              
          matters that a person may raise at an Appeals Office hearing,               
          including spousal defenses, the appropriateness of respondent’s             
          proposed collection 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 a statutory notice of deficiency               
          with respect to the underlying tax liability or did not otherwise           
          have an opportunity to dispute that liability.  Sec.                        
          6330(c)(2)(B).  An Appeals Office determination under section               
          6330(c)(2)(A) is reviewed for abuse of discretion whereas a                 
          determination regarding the underlying tax liability under                  
          section 6330(c)(2)(B) is subject to de novo review.  See Sego v.            
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 181-182 (2000).                                                   
               At issue in this case is respondent’s right to collect                 
          petitioner’s self-determined tax liability for 1996 (i.e., the              
          amount set forth as petitioner’s tax liability on his 1996                  
          return) plus related interest and an addition to tax.  In                   
          Montgomery v. Commissioner, 122 T.C. 1 (2004), we held that a               
          taxpayer’s challenge to his self-determined tax liability at an             






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