Aaron T. and Linda K. Ball - Page 6

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               Pursuant to section 6330(d)(1), within 30 days of the                  
          issuance of the notice of determination, the taxpayer may appeal            
          that determination to this Court if we have jurisdiction over the           
          underlying tax liability.  Van Es v. Commissioner, 115 T.C. 324,            
          328 (2000).                                                                 
               Although section 6330 does not prescribe the standard of               
          review that the Court is to apply in reviewing the Commissioner’s           
          administrative determinations, we have stated that, where the               
          validity of the underlying tax liability is properly at issue,              
          the Court will review the matter de novo.  Sego v. Commissioner,            
          114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181           
          (2000).  Where the validity of the underlying tax liability is              
          not properly at issue, however, the Court will review the                   
          Commissioner’s administrative determination for abuse of                    
          discretion.  Sego v. Commissioner, supra; Goza v. Commissioner,             
          supra.                                                                      
               Petitioners received the notice of deficiency for the 1997             
          tax year.  Accordingly, they cannot challenge their underlying              
          liability.  See sec. 6330(c)(2)(B); Sego v. Commissioner, supra             
          at 610-611; Goza v. Commissioner, supra at 182-183.  Therefore,             
          we review respondent’s determination for an abuse of discretion.            
          See Sego v. Commissioner, supra at 610.                                     









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