Orlando Bujosa - Page 6




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          raised at the Appeals hearing.  See sec. 301.6330-1(f)(2), Q&A-             
          F5, Proced. & Admin. Regs.  Where the underlying tax liability is           
          properly at issue, we review the Appeals determination with                 
          respect to the existence and amount of tax liability de novo.               
          Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.                     
          Commissioner, 114 T.C. 176, 181-182 (2000).  When the underlying            
          tax liability is not properly at issue, we review the Appeals               
          officer’s determination using an abuse of discretion standard.              
          Id.                                                                         
          Underlying Tax Liability                                                    
               First, we must decide whether petitioner’s underlying tax              
          liabilities are properly at issue.  Petitioner’s petition raises,           
          and only raises, the issue of his underlying tax liabilities.  In           
          addition to checking the “redetermination of deficiency box,” he            
          stated that he “was a truck driver in 1987-1988 and did not have            
          the income so as to owe these taxes.”  In his request for a                 
          hearing, he indicated on the Form 12153, Request for a Collection           
          Due Process Hearing, that he had filed his taxes every year and             
          was not aware of any deficiency.  But, during the course of his             
          hearing and in response to his assertion on the Form 12153, the             
          Appeals officer told petitioner that his underlying tax                     
          liabilities would not be considered, and the hearing proceeded              
          accordingly.                                                                








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