- 6 - supra at 610; Goza v. Commissioner, supra at 181. The abuse of discretion standard requires the Court to decide whether respondent’s determination was arbitrary, capricious, or without sound basis in fact or law. Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Keller v. Commissioner, T.C. Memo. 2006-166; Fowler v. Commissioner, T.C. Memo. 2004-163. Petitioner received a notice of deficiency for each year at issue but filed a petition with this Court only for 1996, 1997, and 1998, which resulted in a decision for respondent. Petitioner did not file a petition to redetermine the deficiency for 1999, 2000, 2001, or 2002. Therefore, petitioner cannot contest the validity of the underlying income tax liability for any of the years at issue, and this Court will review respondent’s determination for abuse of discretion. Because petitioner is barred from contesting his underlying liability for the years at issue, he was permitted at the hearing only to raise other matters, e.g., to challenge the appropriateness of the intended method of collection, offer alternatives to collection, or raise a spousal defense to collection. See sec. 6330(c)(2)(A). Petitioner contends that before respondent may proceed with the lien action, respondent must demonstrate that the underlying tax assessments for the years at issue were valid. Petitioner argues that respondent’s Appeals Office failed to verify or provePage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007