Daniel Charles McDermott - Page 5

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          such tax liability.”  Sec. 6330(c)(2)(B).                                   
               Where the validity of the tax liability is not properly part           
          of the appeal, the taxpayer may challenge the determination of              
          the Appeals officer for abuse of discretion.  Sego v.                       
          Commissioner, supra at 609-610; Goza v. Commissioner, supra at              
          181-182.                                                                    
               Questions about the appropriateness of the collection action           
          include 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 the Court to conclude             
          that the Court would not have authorized collection; the Court              
          must conclude that, in authorizing collection, the Appeals                  
          officer has exercised discretion arbitrarily, capriciously, or              
          without sound basis in fact.  Estate of Jung v. Commissioner, 101           
          T.C. 412, 449 (1993); accord Mailman v. Commissioner, 91 T.C.               
          1079, 1084 (1988).                                                          













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