Raymond and Cynthia Turner-Simmons - Page 6

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               We have jurisdiction to review the Appeals officer’s                   
          determination where we have jurisdiction over the type of                   
          tax involved in the case.  Sec. 6330(d)(1)(A); see Iannone                  
          v. Commissioner, 122 T.C. 287, 290 (2004).  Generally, we                   
          may consider only those issues that the taxpayer raised                     
          during the section 6330 hearing.  See sec. 301.6330-1(f)(2),                
          Q&A-F5, Proced. & Admin. Regs.; see also Magana v.                          
          Commissioner, 118 T.C. 488, 493.  Where the underlying tax                  
          liability is properly at issue, we review the determination                 
          de novo.  E.g., Goza v. Commissioner, 114 T.C. 176, 181-182                 
          (2000).  Where the underlying tax liability is not at issue,                
          we review the determination for abuse of discretion.  Id. at                
          182.  Whether an abuse of discretion has occurred depends                   
          upon whether the exercise of discretion is without sound                    
          basis in fact or law.  See Ansley-Sheppard-Burgess Co. v.                   
          Commissioner, 104 T.C. 367, 371 (1995).                                     
          II.  Arguments of the Parties                                               
               Petitioners dispute the adjustments on the Form 4549-CG                
          (the adjustments).  They also argue that none of their 1995                 
          income tax liability remains unpaid.  Respondent argues that                
          petitioners failed to raise the adjustments during the                      
          section 6330 hearing and that they did not either during                    
          that hearing or at trial provide any evidence showing                       







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