- 2 - the grounds that P's previous submission to R's Office of Appeals constituted a prior opportunity to dispute the liability under sec. 6330(c)(2)(B), I.R.C. A notice of determination sustaining the proposed levy was thereupon issued under the signature of the same Appeals officer who had denied P's previous submission. P timely petitioned for review of the notice of determination under sec. 6330(d), I.R.C. Held: P did not have an "opportunity to dispute" his underlying tax liability for 2000 within the meaning of sec. 6330(c)(2)(B), I.R.C., by virtue of his earlier request, still pending when the collection action was initiated, for Appeals Office consideration and abatement of the liability. Consequently, it was error for the Appeals employee conducting P's hearing under sec. 6330, I.R.C., to refuse to consider P's challenges to the underlying tax liability, and P's challenges are subject to de novo review in this Court. Held, further, P's challenges to his underlying tax liability are groundless. Accordingly, the refusal to consider them at P's hearing was harmless error. Held, further, the possibility that an Appeals officer having "prior involvement" with respect to the unpaid tax, within the meaning of sec. 6330(b)(3), I.R.C., participated in the conduct of P's hearing is not grounds for a remand in this case, since all of petitioner's arguments against the collection action were frivolous or groundless. Robert L. Perkins, pro se. James M. Klein, for respondent. GALE, Judge: Pursuant to section 6330(d)(1),1 petitioner seeks review of respondent's determination to proceed with a levy to collect petitioner's Federal income tax liability for taxable 1 Unless otherwise indicated, all section references are to the Internal Revenue Code of 1986, as amended.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007