- 11 - below, that it should have been provided with a Form 4340 that contained a 23C date. It appears that petitioner’s claim does not require a determination under section 6330(c)(2)(B) relating to the existence or amount of the underlying tax liability entitled to de novo review, but rather it requires a section 6330(c)(2)(A) determination relating to an “unpaid tax” subject to review for abuse of discretion.8 Accordingly, the Court will review the administrative record of the levy for an abuse of discretion.9 An abuse of discretion has occurred if the “Commissioner exercised * * * [his] discretion arbitrarily, capriciously, or without sound basis in fact or law.” Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Federal tax assessments are formally recorded on a record of assessment in accordance with section 6203. The Commissioner is not required to use Form 23C in making an assessment. Roberts v. Commissioner, 118 T.C. 365, 371 (2002), affd. 329 F.3d 1224 (11th Cir. 2003). Furthermore, section 6330(c)(1) mandates neither 8Petitioner expressed concern with the calculation of interest on its Federal corporate income tax. The Court notes that its authority to redetermine interest, pursuant to sec. 7481 and Rule 261, is based on a chronology that places the resolution of unpaid interest on a deficiency after the entry of decision. Accordingly, the Court lacks jurisdiction to redetermine interest at this time. 9The Court notes that it would also sustain respondent’s determination to proceed with collection action even under a de novo standard of review.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007