George Ira Nicol - Page 9

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                         (B)  Underlying liability.–-The person may also              
                    raise at the hearing challenges to the existence or               
                    amount of the underlying tax liability for any tax                
                    period 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.                                                        
               In his petition, petitioner challenges his underlying 1993             
          tax liability.  Because petitioner received a notice of                     
          deficiency for the 1993 tax year and failed to file a petition in           
          this Court, he is not entitled to challenge the existence or                
          amount of his underlying 1993 tax liability in this collection              
          proceeding.  See secs. 6320(c), 6330(c)(2)(B); Sego v.                      
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner, 114           
          T.C. 176, 180-181 (2000).  Where the validity of the tax                    
          liability is not properly at issue, the Court will review the               
          Commissioner's administrative determination for abuse of                    
          discretion.  Sego v. Commissioner, supra at 610; Goza v.                    
          Commissioner, supra at 182.                                                 
               Petitioner contends that the Appeals officer abused his                
          discretion by failing to offer or discuss an offer in compromise            
          or an installment agreement.  Section 6330 contemplates, however,           
          that it is the taxpayer who will raise at the hearing relevant              
          issues, including offers of collection alternatives.  Sec.                  
          6330(c)(2)(A)(iii).  The statute requires the Appeals officer               
          only to consider the "offers of collection alternatives" raised             
          and information presented by the taxpayer.  Chandler v.                     






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