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