James L. Geary and Carol O. Geary - Page 7

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          a matter of law.  Rule 121(b); Sundstrand Corp. v. Commissioner,            
          98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994).  We             
          conclude that there is no genuine issue of material fact and that           
          respondent is entitled to judgment as a matter of law.                      
               Section 6330 generally provides that the Commissioner cannot           
          proceed with collection by levy until the taxpayer has been given           
          notice and the opportunity for an administrative review of the              
          matter (in the form of an Appeals Office hearing) and, if                   
          dissatisfied, with judicial review of the administrative                    
          determination.  See Davis v. Commissioner, 115 T.C. 35, 37                  
          (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000).                     
               Section 6330(c) prescribes the matters that a person may               
          raise at an Appeals Office hearing.  In sum, section                        
          6330(c)(2)(A) provides that a person may raise collection issues            
          such as spousal defenses, the appropriateness of the                        
          Commissioner's intended collection action, and possible                     
          alternative means of collection.  Section 6330(c)(2)(B) provides            
          that the existence and amount of the underlying tax liability can           
          be contested at an Appeals Office hearing only if the person did            
          not receive a notice of deficiency for the tax in question or did           
          not otherwise have an earlier opportunity to dispute the tax                
          liability.  See Sego v. Commissioner, 114 T.C. 604, 609 (2000);             
          Goza v. Commissioner, supra.  Section 6330(d) provides for                  
          judicial review of the administrative determination in the Tax              






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