Elsa Estelle Hopkins - Page 7




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          agreement.  Sec. 6330(b) and (c)(2)(A); sec. 301.6320-1(e)(1),              
          Proced. & Admin. Regs.  A taxpayer also may challenge the                   
          existence or amount of the underlying tax liability, including a            
          liability reported on the taxpayer’s original return, if the                
          taxpayer “did not receive any statutory notice of deficiency for            
          such tax liability or did not otherwise have an opportunity to              
          dispute such tax liability.”  Sec. 6330(c)(2)(B); see also Urbano           
          v. Commissioner, 122 T.C. 384, 389-390 (2004); Montgomery v.                
          Commissioner, 122 T.C. 1, 9-10 (2004).                                      
               Section 6330(d) provides for judicial review of the                    
          administrative determination in the Tax Court or a Federal                  
          District Court, as may be appropriate.  Where the underlying tax            
          liability is properly at issue, the Court will review the                   
          Commissioner’s administrative determination de novo.  Where the             
          validity of the underlying tax liability is not properly at                 
          issue, however, the Court will review the determination for abuse           
          of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000);              
          Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                         
               Because petitioner does not seek to challenge the underlying           
          tax liability, we review respondent’s determination for abuse of            
          discretion.  See Lunsford v. Commissioner, 117 T.C. 183, 185                
          (2001); Sego v. Commissioner, supra at 610; Goza v. Commissioner,           
          supra at 181-182.  This standard requires the Court to decide               
          whether respondent’s determination was arbitrary, capricious, or            







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