Joseph Giamelli - Page 15




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          (2000), affd. 21 Fed. Appx. 160 (4th Cir. 2001).  Previously, we            
          have left the door open to the possibility that we might consider           
          issues not raised in the administrative hearing.  See Magana v.             
          Commissioner, 118 T.C. 488, 493 (2002) (“generally it would be              
          anomalous and improper for us to conclude that respondent's                 
          Appeals Office abused its discretion under section 6330(c)(3) in            
          failing to grant relief, or in failing to consider arguments,               
          issues, or other matter not raised by taxpayers or not otherwise            
          brought to the attention of respondent's Appeals Office”                    
          (emphasis added)).  We hold today that we do not have authority             
          to consider section 6330(c)(2) issues that were not raised before           
          the Appeals Office.7                                                        
               Thus, while the estate now disagrees with the income tax               
          returns, this has no bearing on the limited decision before this            
          Court.  Mr. Giamelli submitted a Form 12153, Request for a                  
          Collection Due Process Hearing, to respondent.  The only issue              
          raised by Mr. Giamelli in the subsequent hearing with                       
          respondent’s Appeals officer was his desire to enter into an                
          installment agreement to satisfy the 2001 tax liability.  Mr.               
          Giamelli, while represented by counsel, did not challenge the               
          underlying liability and the Appeals officer did not consider it.           


               7This case does not involve an issue regarding the accuracy            
          or completeness of the administrative record.  See Murphy v.                
          Commissioner, 125 T.C. 301, 311 (2005), affd. 469 F.3d 27 (1st              
          Cir. 2006).                                                                 






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