- 8 - collection of taxes with a taxpayer’s concerns regarding the intrusiveness of the proposed collection action. Sec. 6330(c)(3). The taxpayer may petition the Tax Court for a review of the Appeals Office’s determination. Sec. 6330(d). Where the underlying tax liability is properly at issue, the Court reviews any determination regarding the underlying tax liability de novo. Sego v. Commissioner, supra at 610. The Court reviews any other administrative determination regarding the proposed levy action for abuse of discretion. Id. Petitioner asserts in his response to respondent’s motion for summary judgment that respondent does not have the authority under section 6331(a) to levy on petitioner’s property because respondent’s authority to levy extends only to certain taxpayers.7 Petitioner’s argument is without merit. In Sims v. United States, 359 U.S. 108, 111-112 (1959), the Supreme Court rejected a similar argument and held that section 6331 authorizes the Commissioner to levy on property and rights to property of all taxpayers. 7Specifically, petitioner asserts respondent’s levy authority extends exclusively to “any officer, employee, or elected official, of the United States, the District of Columbia, or any agency or instrumentality of the United States or the District of Columbia”.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007