Fred Deutsch - Page 9

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         the taxpayer following an administrative hearing, the taxpayer               
         may file a petition for judicial review of the administrative                
         determination.  Sec. 6330(d)(1); Davis v. Commissioner, 115 T.C.             
         35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000).               
         In a proceeding commenced under section 6330(d), the Court                   
         applies a de novo standard to determine a taxpayer’s underlying              
         tax liability, when and if it is at issue, and an abuse of                   
         discretion standard to review certain other administrative                   
         determinations of the Commissioner.  Sego v. Commissioner, supra             
         at 610.                                                                      
              Petitioner alleged in the petition that respondent erred in             
         determining that he had any outstanding tax liability for 1995,              
         1996, or 1997.  Respondent asserts that, in accordance with                  
         Zapara v. Commissioner, supra at 238, and Aguirre v.                         
         Commissioner, supra at 327, petitioner is precluded from                     
         challenging the underlying tax liabilities in this judicial                  
         proceeding because Mr. Champion, as petitioner’s authorized                  
         representative, signed the Forms 4549 waiving petitioner’s right             
         to challenge the proposed assessments.                                       
              Petitioner asserts that Zapara and Aguirre do not apply                 
         because in those cases it was the taxpayers who signed the                   
         waivers.  Petitioner contends that (1) the Forms 2848 did not                
         authorize Mr. Champion to execute returns on petitioner’s behalf;            
         (2) the Forms 4549 in issue “embodied the revenue agent’s                    






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