Albert M. Kun - Page 6

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          Sec. 6330(c)(3).  The taxpayer may petition the Tax Court or, in            
          limited cases, a Federal District Court for judicial review of              
          the Appeals Office’s determination.  Sec. 6330(d).                          
               If the taxpayer files a timely petition for judicial review,           
          the applicable standard of review depends on whether the                    
          underlying tax liability is at issue.  Where the underlying tax             
          liability is properly at issue, the Court reviews any                       
          determination regarding the underlying tax liability de novo.               
          Sego v. Commissioner, supra at 610.  The Court reviews other                
          administrative determinations regarding the notice of Federal tax           
          lien for abuse of discretion.  Id.                                          
               In the present case, petitioner has not received a notice of           
          deficiency or otherwise had an opportunity to dispute his income            
          tax liabilities for 1995 through 1999.  Consequently,                       
          petitioner’s underlying tax liabilities are properly at issue,              
          and we review any challenge to the underlying tax liabilities de            
          novo.  See sec. 6330(c)(2)(B); Montgomery v. Commissioner, 122              
          T.C. 1, 9 (2004).                                                           
          A.  Petitioner’s Challenge to the Underlying Tax Liabilities                
               In challenging the underlying tax liabilities, petitioner              
          solely contends that “The taxes in question were not due because            
          they were never assessed.”  Petitioner does not allege any                  
          specific irregularity in the assessment procedure.                          








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