- 13 - whether it is proper for the Commissioner to proceed with the collection action as determined in the notice of determination, and whether the type and/or method of collection chosen by the Commissioner is appropriate. See, e.g., Swanson v. Commissioner, 121 T.C. 111, 119 (2003) (challenge to appropriateness of collection reviewed for abuse of discretion). In order for petitioner to prevail under the abuse of discretion standard, it is not enough for us to conclude that we would not have authorized collection; we must conclude that, in authorizing collection, the Appeals officer has exercised her discretion “‘arbitrarily, capriciously, or without sound basis in fact’”. Estate of Jung v. Commissioner, 101 T.C. 412, 449 (1993) (quoting Mailman v. Commissioner, 91 T.C. 1079, 1084 (1988)). We agree with respondent that the subject determination is to be reviewed using the abuse of discretion standard of review. As to tax year 1991, petitioner received a notice of deficiency, and, thus, he was not eligible to challenge the existence or amount of the underlying tax liability with respect to that year in the CDP hearing. See sec. 6330(c)(2)(B). As to tax years 1996, 1998, and 1999, petitioner did not receive a notice of deficiency, nor did he otherwise have an opportunity to dispute his underlying tax liability for any of thosePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011