- 19 - See Goza v. Commissioner, supra at 183; Sego v. Commissioner, supra; Carey v. Commissioner, T.C. Memo. 2002-209. Because the underlying tax liabilities are not properly at issue, we review respondent’s determination for abuse of discretion. See Goza v. Commissioner, supra; Sego v. Commissioner, supra at 610; Hodgson v. Commissioner, T.C. Memo. 1998-70, affd. 18 Fed. Appx. 571 (9th Cir. 2001). We must decide whether respondent exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Fargo v. Commissioner, T.C. Memo. 2004-13. Petitioner argues he is not liable for the deficiencies assessed by respondent. Petitioner also argues respondent’s Appeals Office abused its discretion in sustaining the filing of the lien because: (1) Respondent did not comply with the notice requirements of section 6320(a); (2) respondent failed to comply with petitioner’s request to conduct the section 6320 hearing in person rather than by telephone; and (3) respondent is precluded from filing the NFTL before petitioner appeals the rejection of his installment agreement request. As explained below, we hold petitioner is liable for the deficiencies. We hold respondent’s Appeals Office did not abuse its discretion by upholding respondent’s filing of the lien.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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