Joseph Giamelli - Page 14




                                       - 14 -                                         
          Secs. 6213(a), 6512(b).6  In contrast, issues under section 6330            
          must have been raised properly when the Appeals officer made her            
          determination before we can review those issues in the context of           
          an appeal of that determination.                                            
               The benefit of encouraging taxpayers to raise liability                
          questions first with the Appeals officer provides further support           
          for the approach in the regulation.  Allowing the tax liability             
          to be raised initially only after the case has been petitioned to           
          this Court would eliminate the Appeals officer’s role and permit            
          liability issues to be litigated without any prior consideration            
          by any level of respondent’s organization.  Liability issues are            
          likely to arise under section 6330 based on requests for                    
          reconsideration of taxes previously reported on a return.  The              
          judicial consideration of such liabilities without some prior               
          review by the Commissioner would frustrate the administrative               
          review process created by section 6330.                                     
               This, of course, is not the first time we have addressed the           
          scope or our review of respondent’s collection determinations.              
          See Bruce v. Commissioner, T.C. Memo. 2007-161; Bourbeau v.                 
          Commissioner, T.C. Memo. 2003-117; Tabak v. Commissioner, T.C.              
          Memo. 2003-4; Miller v. Commissioner, 115 T.C. 582, 589 n.2                 


               6In Greene-Thapedi v. Commissioner, 126 T.C. 1, 8-13 (2006),           
          we held that our jurisdiction under sec. 6330(d)(1) is more                 
          limited than in the deficiency context and does not include the             
          authority to determine an overpayment or to order a refund.                 






Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 10, 2007