Julian Quinton Johnson - Page 14

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                  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 those                    






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