- 7 - 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 liabilityPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 10, 2007