- 4 - (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 thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011