Omar Urbina Pineda - Page 11

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          Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114             
          T.C. 176, 179 (2000).                                                       
               Section 6330(c) prescribes the matters that the taxpayer may           
          raise at an Appeals Office hearing.  In sum, section                        
          6330(c)(2)(A) provides that the taxpayer may raise collection               
          issues such as spousal defenses, the appropriateness of the                 
          Commissioner’s intended collection action, and alternative means            
          of collection.  Section 6330(c)(2)(B) further provides that the             
          taxpayer may challenge the existence and amount of the underlying           
          tax liability if the taxpayer did not receive a notice of                   
          deficiency for the tax in question or did not otherwise have an             
          earlier opportunity to dispute the tax liability.  See Sego v.              
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner,               
          supra at 180-181; see also Magana v. Commissioner, 118 T.C. 488,            
          492 (2002); Wooten v. Commissioner, T.C. Memo. 2003-113.  Section           
          6330(d) provides for judicial review of the administrative                  
          determination in the Tax Court or a Federal District Court, as              
          may be appropriate.                                                         
               It is well settled that where the validity of the underlying           
          tax liability is properly at issue in a collection review                   
          proceeding, the Court will review the matter de novo.  Goza v.              
          Commissioner, supra at 181-182.  Where the validity of the                  
          underlying tax liability, however, is not properly at issue, the            







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