Gregory Iannone - Page 7

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          days following the issuance of the determination to file a                  
          petition for review with the Tax Court or a Federal District                
          Court, as appropriate.  The taxpayer may appeal the determination           
          to the Tax Court, rather than a Federal District Court, if the              
          Tax Court generally has jurisdiction over the type of tax                   
          involved in the case.  Sec. 6330(d)(1)(A); Downing v.                       
          Commissioner, 118 T.C. 22, 26 (2002); Landry v. Commissioner, 116           
          T.C. 60, 62 (2001).  Section 6330(e)(1) suspends the levy action            
          until the conclusion of the hearing and any judicial review of              
          the determination.                                                          
               Where the underlying tax liability is properly at issue in             
          the hearing, we review that issue on a de novo basis.  Goza v.              
          Commissioner, 114 T.C. 176, 181-182 (2000).  Where the underlying           
          tax liability is not at issue, however, we review the                       
          determination to see whether there has been an abuse of                     
          discretion.  Id.  In this case, respondent’s determination                  
          regarding whether petitioner’s unpaid tax liabilities may be                
          collected by levy requires an interpretation of bankruptcy law.             
          If respondent’s determination was based on erroneous views of the           
          law and petitioner’s unpaid liabilities may not be collected by             
          levy, then we must reject respondent’s view and find that there             
          was an abuse of discretion.  See, e.g., Swanson v. Commissioner,            
          121 T.C. 111, 119 (2003); Ramsdell v. Commissioner, T.C. Memo.              
          2003-317.                                                                   






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