Michael Stephen Frate - Page 7

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          collection issues such as spousal defenses, the appropriateness             
          of the Commissioner’s intended collection action, and possible              
          alternative means of collection.  Section 6330(c)(2)(B) provides            
          that the existence or amount of the underlying tax liability may            
          be contested at an Appeals Office hearing if the taxpayer did not           
          receive a notice of deficiency for the taxes in question or did             
          not otherwise have an earlier opportunity to dispute such tax               
          liability.  Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza            
          v. Commissioner, 114 T.C. 176, 180-181 (2000).  Section 6330(d)             
          provides for judicial review of the administrative determination            
          in the Tax Court or a United States District Court.                         
               We find that petitioner did not raise any reviewable                   
          collection issue at his Appeals Office hearing.  Petitioner did             
          not contest the existence or amount of the underlying tax                   
          liability.  Petitioner failed to raise a spousal defense, make a            
          valid challenge to the appropriateness of respondent’s intended             
          collection action, or offer alternative means of collection.                
          These issues are now deemed conceded.  Rule 331(b)(4).                      
               Petitioner alleges that his wage levy deductions may have              
          been embezzled.  This is based on mere assertions by petitioner,            
          in a written representation by his representative, Mr. Sheffield,           
          and in a letter from Mr. Jones, the former president of PWJ.  No            
          evidence was introduced that BSA actually embezzled the wage levy           
          deductions.  On this record, petitioner failed to prove that the            






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