- 7 - taxpayer that any collection action be no more intrusive than necessary. Sec. 6330(c). If a taxpayer received a statutory notice of deficiency for the underlying tax liability or otherwise had an opportunity to dispute the underlying tax liability, he or she is precluded from challenging the existence or amount of the underlying tax liability. Sec. 6330(c)(2)(B). To the extent possible, a section 6320 hearing will be held in conjunction with a section 6330 hearing. Sec. 301.6320- 1(d)(1), Q&A-D3, Proced. & Admin. Regs. This Court has jurisdiction to review the Commissioner’s administrative determination under section 6330(d). If the underlying tax liability is properly at issue, we review that issue de novo. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181 (2000). If the validity of the underlying tax liability is not at issue, we review the determination for abuse of discretion. Sego v. Commissioner, supra at 610. An abuse of discretion occurs when an Appeals officer takes action that is arbitrary, capricious, or without sound basis in fact or law. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999). At trial, petitioner failed to provide any evidence that any of the underlying liabilities was incorrect. She did not dispute the amount of any of those liabilities. Accordingly, wePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011