Richard Allan and Corinne Lucille Balser - Page 8




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          Standard of Review                                                          
               Where the underlying tax liability is properly at issue, the           
          Court reviews the determination de novo.  See Goza v.                       
          Commissioner, supra at 181-182.  Where the underlying tax                   
          liability is not properly at issue, the Court reviews the                   
          determination for abuse of discretion.  Id.                                 
               Section 6330(c)(2)(B) provides that the existence or the               
          amount of the underlying tax liability can be contested at an               
          Appeals Office hearing if the person did not receive a statutory            
          notice of deficiency or did not otherwise have an earlier                   
          opportunity to dispute such tax liability.  Sego v. Commissioner,           
          supra at 609; Goza v. Commissioner, supra at 180-181.                       
               Because petitioners self-assessed their taxes for all years            
          at issue, respondent did not issue to petitioners a statutory               
          notice of deficiency.  See sec. 6201(a)(1).                                 
               Respondent contends that the appropriate standard of review            
          for the years at issue is the abuse of discretion standard and              
          not review de novo.  Respondent argues that although a deficiency           
          notice was not issued, petitioners had a prior opportunity to               
          dispute those tax liabilities before the bankruptcy court.                  
               The Court agrees with respondent.  In Kendricks v.                     
          Commissioner, 124 T.C. 69, 77 (2005), the Court held that when              
          the IRS submits a proof of claim in a taxpayer’s bankruptcy                 
          action, the taxpayer has an opportunity to dispute the liability            







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