- 7 - 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 anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011