John Haynes, Jr. - Page 9




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          liability if he or she did not receive a statutory notice of                
          deficiency with respect to the underlying tax liability or did              
          not otherwise have an opportunity to dispute that liability.                
          Sec. 6330(c)(2)(B).                                                         
               Section 6330(c)(3) provides that the determination of the              
          Appeals officer shall take into consideration the verification              
          under section 6330(c)(1), the issues raised by the taxpayer, and            
          whether the proposed collection action balances the need for the            
          efficient collection of taxes with the legitimate concern of the            
          taxpayer that any collection action be no more intrusive than               
          necessary.  If the taxpayer is dissatisfied with the                        
          determination made after the hearing, judicial review of the                
          determination, such as that sought in this case, is available.              
          See generally Goza v. Commissioner, 114 T.C. 176, 179-181 (2000).           
               Where the validity of the underlying tax liability is at               
          issue, the Court will review the matter de novo.  Davis v.                  
          Commissioner, 115 T.C. 35, 39 (2000).  Where the taxpayer                   
          challenges the assessment procedures of the case, the Court will            
          review the matter for abuse of discretion.  Sego v. Commissioner,           
          114 T.C. 604, 610 (2000); Goza v. Commissioner, supra.  In order            
          to prevail under abuse of discretion, a taxpayer must prove that            
          the Commissioner exercised this discretion arbitrarily,                     
          capriciously, or without sound basis in fact or law.  Woodral v.            
          Commissioner, 112 T.C. 19, 23 (1999).                                       







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