Joseph Giamelli - Page 23




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               The Treasury regulations on which the majority opinion                 
          relies do not speak in terms of our authority or jurisdiction,              
          and the Commissioner by regulation cannot add to or restrict our            
          authority or our jurisdiction.                                              
               No appellate court or other Federal trial court has                    
          criticized our Magana opinion, and neither party in this case               
          expressly asks us to overrule or to modify Magana.                          
               The Tax Court has been given a mandate from Congress, indeed           
          recently an exclusive one,2 to review respondent’s collection               
          procedures.  We have taken this mandate seriously and, where the            
          occasion has demanded it, either put a stop to the collection               


               1(...continued)                                                        
          provided as follows:                                                        
                    The conferees expect the appeals officer will                     
               prepare a written determination addressing the issues                  
               presented by the taxpayer and considered at the                        
               hearing. * * * Where the validity of the tax liability                 
               was properly at issue in the hearing, and where the                    
               determination with regard to the tax liability is part                 
               of the appeal, no levy may take place during the                       
               pendency of the appeal.  The amount of the tax                         
               liability will in such cases be reviewed by the                        
               appropriate court on a de novo basis.  Where the                       
               validity of the tax liability is not properly part of                  
               the appeal, the taxpayer may challenge the                             
               determination of the appeals officer for abuse of                      
               discretion. * * *                                                      
               2 Sec. 6330(d)(1) was amended by the Pension Protection Act            
          of 2006, Pub. L. 109-280, sec. 855(a) and (b), 120 Stat. 1019, to           
          give this Court exclusive jurisdiction to hear appeals from                 
          respondent’s Appeals Office notices of determination in                     
          collection matters issued after Oct. 16, 2006.                              







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