Ferrel Benjamin Gibbs - Page 7

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          him was appropriate.  See Rule 331(b)(4) and (5).  We conclude              
          that the material facts are not disputed and that judgment may be           
          rendered as a matter of law.                                                
               Section 6330 generally provides that the IRS cannot proceed            
          with the collection of taxes by way of a levy on a taxpayer’s               
          property until the taxpayer has been given notice of and the                
          opportunity for an administrative review of the matter (in the              
          form of an IRS Office of Appeals hearing).  Section 6330(c)(1)              
          provides that the Appeals officer shall obtain verification that            
          the requirements of any applicable law or administrative                    
          procedure have been met.  Section 6330(c)(2)(A) provides that the           
          taxpayer may raise "any relevant issue relating to the unpaid               
          tax" including spousal defenses, challenges to the                          
          appropriateness of collection actions, and alternatives to                  
          collection.  The taxpayer may also raise challenges to the                  
          existence or amount of the underlying tax liability if he or she            
          did not receive a statutory notice of deficiency with respect to            
          the underlying tax liability or did not otherwise have an                   
          opportunity to dispute that liability.  Sec. 6330(c)(2)(B).                 
               Petitioner received a notice of deficiency and may not                 
          contest the amount of the underlying tax liability.  Therefore,             
          the Court will review respondent’s determination only for abuse             
          of discretion.  Sego v. Commissioner, 114 T.C. 604, 610 (2000);             
          Goza v. Commissioner, 114 T.C. 176, 179-181 (2000).  In order to            






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