- 4 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007