- 8 - Chairman of the Tax and IRS Oversight Sub-Committee, and the Chairman of the House Ways and Means Committee, stating that he would not file a petition with the Tax Court until it was established that the Government had the legal authority to send the notice of deficiency in the first place. We have held in numerous cases that the approach taken by petitioner is without merit. See, e.g., Nestor v. Commissioner, 118 T.C. 162, 165 (2002); Rewerts v. Commissioner, T.C. Memo. 2004-248; Israel v. Commissioner, T.C. Memo. 2003-338; Bethea v. Commissioner, T.C. Memo. 2003-278; Fink v. Commissioner, T.C. Memo. 2003-61; Koenig v. Commissioner, T.C. Memo. 2003-40. By taking this approach, petitioner closed the door on his ability to contest the underlying tax liability. See sec. 6330(c)(2)(B). Where the underlying tax liability is not at issue, we review the Commissioner’s determination to proceed with collection for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). An abuse of discretion may be defined as an action that, taking into account all the facts and circumstances, is unreasonable, arbitrary or capricious, clearly unlawful, or lacking sound basis in law. See, e.g., Ewing v. Commissioner, 122 T.C. 32, 39-40 (2004); Swanson v. Commissioner, 121 T.C. 111, 119 (2003). The May 11, 2004, telephone conference between petitioner and respondent’s Appeals officer was agreed to by petitioner and constituted an appropriate hearing for purposes of sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011