Randy R. Romano - Page 4

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          (2002).  The party opposing summary judgment must set forth                 
          specific facts which show that a question of genuine material               
          fact exists and may not rely merely on allegations or denials in            
          the pleadings.  See Grant Creek Water Works, Ltd. v.                        
          Commissioner, 91 T.C. 322, 325 (1988); Casanova Co. v.                      
          Commissioner, 87 T.C. 214, 217 (1986).                                      
               Section 6330(c)(2)(A) prescribes issues that may be raised             
          by a taxpayer in a section 6330 hearing, including spousal                  
          defenses to collection, challenges to the appropriateness of the            
          Commissioner’s intended collection action, and offers of                    
          collection alternatives.  Unless the taxpayer did not receive a             
          notice of deficiency for the taxes in question or did not                   
          otherwise have an opportunity to dispute the tax liability, the             
          section 6330 hearing is not a forum to contest the existence or             
          amount of the underlying taxes.  Sec. 6330(c)(2)(B).                        
               Where the validity of the underlying tax liability is                  
          properly in issue, the Court will review the matter de novo.                
          However, where the validity of the underlying tax liability is              
          not properly in issue, the Court will review the Commissioner’s             
          administrative determination for abuse of discretion.  Sego v.              
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 181-182 (2000).                                                   
               Although petitioner received a notice of deficiency for the            
          1998, 1999, and 2000 tax years, he did not avail himself of the             
          opportunity to file a petition for redetermination with the                 




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