Larry D. and Pamela A. Carifee - Page 5

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                    otherwise have an opportunity to dispute such                     
                    tax liability.                                                    
          Pursuant to section 6330(d)(1), within 30 days of the issuance of           
          the notice of determination, the taxpayer may appeal that                   
          determination to this Court if we have jurisdiction over the                
          underlying tax liability.  Van Es v. Commissioner, 115 T.C. 324,            
          328 (2000).                                                                 
               Although section 6330 does not prescribe the standard of               
          review that the Court is to apply in reviewing the Commissioner’s           
          administrative determinations, we have stated that, where the               
          validity of the underlying tax liability is properly at issue,              
          the Court will review the matter on a de novo basis.  Sego v.               
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 181 (2000).  Where the validity of the underlying tax             
          liability is not properly at issue, however, the Court will                 
          review the Commissioner’s administrative determination for abuse            
          of discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000);             
          Goza v. Commissioner, 114 T.C. 176, 181 (2000).                             
               At the trial and in their petition, petitioners did not                
          contest their income tax liability for 2000 but made a claim that           
          they could not pay their tax liability at this time.  We                    
          therefore review respondent’s determination to proceed with the             
          levy action for an abuse of discretion.                                     
               Petitioners did not assert in the petition any spousal                 
          defenses, any challenges to the appropriateness of the collection           





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