- 5 - Lien filed for the delinquent accounts * * * . The taxpayer has raised only frivolous issues in his appeals and in correspondence he submitted since he made his appeal. He has not raised any non-frivolous issues. All the legal and procedural requirements for the filing [of] the lien have been met. The taxpayer has not made any non-frivolous arguments in his appeal. He has declined our offer to discuss legitimate alternatives to the proposed [lien filing] action. In response to the notice of determination, petitioner timely filed his petition on June 29, 2005, in which petitioner alleges: The basis of my complaint is what I believe to be the lack of a valid Summary Record of Assessment Form 23-C Assessment Certificate pursuant to 26 CFR section 301.6203-1. Without a valid assessment there is no liability. Without a liability there can be no lien. Discussion Where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181 (2000). The underlying tax liability is properly at issue if the taxpayer did not receive a statutory notice of deficiency or otherwise have an opportunity to dispute the tax liability. Sec. 6330(c)(2)(B); see Behling v. Commissioner, 118 T.C. 572, 576-577 (2002). Where the validity of the underlying tax liability is not properly at issue, the Court will review the Commissioner’s determination for abuse of discretion. Sego v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007