Johnny Owings Milam, Jr. and Brenda Ramsey Milam - Page 6

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               Section 6330(c)(2) prescribes the matters that a person may            
          raise at an Appeals Office hearing.  Under that section, a person           
          may raise any relevant issue related to the unpaid tax or notice            
          of lien, but the existence or amount of the underlying tax                  
          liability may be contested only 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.”           
          Sec. 6330(c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 608-609             
          (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 Federal                  
          District Court, as may be appropriate.  Where the underlying tax            
          liability is not at issue, the Court will review the Appeals                
          officer’s determination for abuse of discretion.  Sego v.                   
          Commissioner, supra at 610.                                                 
               We note at the outset that the petition in the present case            
          raises several issues that it is not clear were raised with the             
          Appeals officer.3  However, because none of the issues raised in            
          the petition has any merit, we need not distinguish between                 



               3 For example, the petition alleges that the notice of                 
          deficiency is invalid because it was not signed under penalties             
          of perjury pursuant to sec. 6065.  There is no evidence that this           
          issue was raised with the Appeals officer, although a similar               
          argument was made with respect to the Notice of Federal Tax Lien.           






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