Douglas Leroy and Nancy Helene Maxfield - Page 5




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          of the unpaid tax and of the taxpayer’s right to a section 6330             
          hearing at least 30 days before the levy is begun.                          
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by the Office of Appeals, and the Appeals officer                 
          conducting it must verify that the requirements of any applicable           
          law or administrative procedure have been met.  Sec. 6330(b)(1),            
          (c)(1).  The taxpayer may raise at the hearing any relevant issue           
          relating to the unpaid tax, including a spousal defense or                  
          collection alternative.  Sec. 6330(c)(2)(A).  The taxpayer also             
          may challenge the existence or amount of the underlying tax                 
          liability at a hearing if the taxpayer 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); Montgomery v. Commissioner,            
          122 T.C. 1 (2004).                                                          
               This Court has jurisdiction under section 6330 to review the           
          Commissioner’s administrative determinations.  Sec. 6330(d);                
          Iannone v. Commissioner, 122 T.C. 287, 290 (2004).  Where the               
          validity of the underlying tax liability is properly at issue, we           
          review the determination de novo.  When the underlying liability            
          is not properly at issue, the Court will review the                         
          Commissioner’s determination for abuse of discretion.  Sego v.              
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 183 (2000).                                                       







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