Travis D. Hiland - Page 10

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                                   (ii) challenges to the                             
                              appropriateness of collection actions;                  
                              and                                                     
                                   (iii) offers of collection                         
                              alternatives, which may include the                     
                              posting of a bond, the substitution of                  
                              other assets, an installment agreement,                 
                              or an offer-in-compromise.                              
                              (B) Underlying liability.--The person                   
                         may also raise at the hearing challenges to                  
                         the existence or amount of the underlying tax                
                         liability for any tax period if the person                   
                         did not receive any statutory notice of                      
                         deficiency for such tax liability or did not                 
                         otherwise have an opportunity to dispute such                
                         tax liability.                                               
               Once the Appeals officer has issued a determination                    
          regarding the disputed collection action, section 6330(d) allows            
          the taxpayer to seek judicial review in the Tax Court or a                  
          District Court, depending upon the type of tax.  In considering             
          whether taxpayers are entitled to any relief from the                       
          Commissioner’s determination, this Court has established the                
          following standard of review:                                               
               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).]                               
               B.  Analysis                                                           
                    1.  Appeals Hearing                                               
               The petition (as well as the previously denied motion to               
          dismiss for lack of jurisdiction) emphasizes petitioner’s claim             





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