- 5 - Whether an abuse of discretion has occurred depends upon whether the exercise of discretion is without sound basis in fact or law. See Freije v. Commissioner, 125 T.C. 14, 23 (2005). As previously mentioned, petitioner does not challenge the appropriateness of the notice of lien with respect to the taxable years at issue. Petitioner disputes only the levy on his Social Security benefits for his unpaid Federal income tax liability for the 1990 taxable year. Petitioner contends he did not receive prelevy notice and an opportunity to be heard, as required under section 6330(a). Respondent appears to acknowledge that petitioner’s Social Security benefits were levied upon. Respondent’s records indicate, however, that the levy was made with respect to petitioner’s unpaid tax liability for the taxable year 1990, which is not a year at issue. Petitioner did not dispute that the levy pertained solely to 1990. Because we do not have a notice of determination regarding the levy with respect to that year, we do not have jurisdiction to review the levy. See sec. 6330(d); Orum v. Commissioner, 123 T.C. 1, 7-8 (2004), affd. 412 F.3d 819 (7th Cir. 2005). Petitioner has not set forth any other arguments concerning respondent’s determination, such as a spousal defense or an offer of a collection alternative. Nor has petitioner alleged that the Secretary failed to meet the requirements of any applicable lawPage: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007