- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011