Gwendolyn A. Ewing - Page 16

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          T.C. 837, 845 (1957) (testimony and evidence considered).  We are           
          aware of no reason to depart from this longstanding practice in             
          making our determination under section 6015(f).                             
               5.   Magana v. Commissioner Does Not Govern This Case                  
               In Magana v. Commissioner, 118 T.C. 488 (2002), a case in              
          which we reviewed the Commissioner’s determination under section            
          6330(d)(1) that tax lien filings were appropriate, we held that,            
          absent special circumstances, the taxpayer could not raise before           
          this Court an issue he had not raised in a hearing conducted by             
          the Commissioner’s Appeals office under section 6330(b).  Id. at            
          493.  The issue the taxpayer first sought to raise before this              
          Court was that collection of tax would cause hardship to him                
          because of his poor health and the resulting cloud on title to              
          his residence, his only significant asset.  Id. at 493-494.  We             
          said that, absent special circumstances, in our review of whether           
          the Commissioner’s determination was an abuse of discretion under           
          section 6330(d),9 we consider only arguments, issues, and other             
          matters that were raised at the section 6330(b) hearing or                  
          otherwise brought to the attention of the Appeals Office.  Id.              



               9 Under sec. 6330, we review a taxpayer’s underlying tax               
          liability de novo.  Sego v. Commissioner, 114 T.C. 604, 610                 
          (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                 
          Magana v. Commissioner, 118 T.C. 488, 493 (2002), involved only             
          issues where our review was for abuse of discretion.  In Magana,            
          underlying tax liability was not at issue.                                  





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