- 7 - If the validity of the underlying tax liability is not at issue, we review the Commissioner’s determination for abuse of discretion. Sego v. Commissioner, supra at 610. We have previously held that this Court has jurisdiction in a levy proceeding instituted pursuant to section 6330(d)(1) to determine whether a taxpayer’s unpaid tax liabilities were discharged in bankruptcy. Swanson v. Commissioner, 121 T.C. 111, 120-121 (2003); Washington v. Commissioner, 120 T.C. 114, 120-121 (2003). In Washington, we did not specifically address the appropriate standard of review to apply when determining whether a taxpayer’s tax liabilities were discharged in bankruptcy where, as in the matter before us, the taxpayer has not received a notice of deficiency.5 For the reasons discussed infra, our review of the evidence causes us to sustain Settlement Officer Clark’s determination to proceed with collection regardless of whether we apply an abuse of discretion or a de novo standard of review. Petitioner bears the burden of proof. See Rule 142(a). Petitioner argued that respondent erred in applying payments petitioner made pursuant to an alleged installment agreement to petitioner’s 1985 tax liability because the alleged installment agreement required that respondent apply petitioner’s payments to 5 The record does not reveal whether, in petitioner’s 1993 bankruptcy case, respondent submitted any proofs of claims for the liabilities in issue. Accordingly, Kendricks v. Commissioner, 124 T.C. 69 (2005), does not apply to the matter before us.Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007