- 5 - 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); Montgomery v. Commissioner, 122 T.C. 1, 8-9 (2004). This Court has jurisdiction under section 6330 to review the Commissioner’s administrative determinations. Sec. 6330(d); Iannone v. Commissioner, 122 T.C. 287, 290 (2004). We review nonliability administrative determinations for abuse of discretion, and we review determinations as to the underlying tax liability de novo. Fishbach v. Commissioner, T.C. Memo. 2005-38 (citing Hoffman v. Commissioner, 119 T.C. 140, 144-145 (2002), and Sego v. Commissioner, 114 T.C. 604, 610 (2000)). Whether an abuse of discretion has occurred depends upon whether the exercise of discretion is without sound basis in fact or law. See Freije v. Commissioner, 125 T.C. 14, 23 (2005); Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367, 371 (1995). In reviewing for abuse of discretion, we generally consider only arguments, issues, and other matters that were raised at the administrative hearing or otherwise brought to the attention of the Office of Appeals. Magana v. Commissioner, 118 T.C. 488, 493 (2002); sec. 301.6320-1(f)(2), Q&A-F5, Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011