Randolph E. Luna - Page 6

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          alternative means of collection.  Section 6330(c)(2)(B) provides            
          that the existence or amount of the underlying tax liability may            
          be contested at an Appeals Office hearing if the taxpayer did not           
          receive a notice of deficiency for the taxes in question or did             
          not otherwise have an earlier opportunity to dispute such tax               
          liability.  Sego v. Commissioner, 114 T.C. 604, 609 (2000); Goza            
          v. Commissioner, 114 T.C. 176, 180-181 (2000).  Section 6330(d)             
          provides for judicial review of the administrative determination            
          in the Tax Court or a United States District Court.                         
               We find that petitioner did “otherwise have an opportunity             
          to dispute such tax liability” at his audit reconsideration.  At            
          his audit reconsideration, petitioner failed to offer any                   
          evidence that would substantiate the items in issue on his 1996             
          tax return.  Petitioner has failed to raise a spousal defense,              
          make a valid challenge to the appropriateness of respondent’s               
          intended collection action, or offer alternative means of                   
          collection.  These issues are now deemed conceded.  Rule                    
          331(b)(4).                                                                  
               On this record, we conclude that respondent did not abuse              
          his discretion with respect to the notice of determination.                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
                                             for respondent.                          






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