Edward P. Heaphy - Page 7

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          whom the lien is filed (the taxpayer) that a tax lien was filed             
          and inform the taxpayer of his right to a hearing before an                 
          impartial Appeals officer.  Sec. 6320.  Pursuant to section                 
          6320(c) the hearing is to be conducted pursuant to the rules                
          provided in subsections (c), (d) (other than paragraph (2)(B)               
          thereof), and (e) of section 6330.  If the Commissioner issues a            
          determination letter adverse to the position of the taxpayer, the           
          taxpayer may seek judicial review of the determination.  Sec.               
          6330(d).                                                                    
               This Court has established the following standards of review           
          in considering whether a taxpayer is entitled to relief from the            
          Commissioner’s determination:                                               
               where the validity of the underlying tax liability is                  
               properly at issue, the Court will review the matter on                 
               a de novo basis.  However, where the validity of the                   
               underlying tax liability is not properly at issue, the                 
               Court will review the Commissioner’s administrative                    
               determination for abuse of discretion.                                 
          Sego v. Commissioner, 114 T.C. 604, 610 (2000).                             
               Petitioner apparently has abandoned the positions he took in           
          the attachment to Form 12153.  At his section 6320 hearing, as              
          well as at the trial in this case, petitioner claimed that                  
          respondent’s filing of the tax lien against him should be                   
          “declared null and void” because he was denied an administrative            
          hearing at the audit level before the issuance of the notice of             
          deficiency.  Petitioner’s claim is meritless.                               







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Last modified: May 25, 2011