Robert L. Perkins - Page 9




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          procedure have been met; (ii) the relevant issues raised by the             
          taxpayer; (iii) challenges to the underlying tax liability by the           
          taxpayer, where permitted; and (iv) whether any proposed                    
          collection action balances the need for the efficient collection            
          of taxes with the legitimate concern of the taxpayer that the               
          collection action be no more intrusive than necessary.  Sec.                
          6330(c)(3).                                                                 
               With respect to determinations made before October 17,                 
          2006,7 we have jurisdiction to review the Appeals Office's                  
          determination where we have jurisdiction over the type of tax               
          involved in the case.  Sec. 6330(d)(1)(A); see Iannone v.                   
          Commissioner, 122 T.C. 287, 290 (2004).  Generally, we may                  
          consider only those issues that the taxpayer raised during the              
          section 6330 hearing.  See sec. 301.6330-1(f)(2), Q&A-F5, Proced.           
          & Admin. Regs.; see also Magana v. Commissioner, 118 T.C. 488,              
          493 (2002).  Where the underlying tax liability is properly at              
          issue, we review the determination de novo.  E.g., Goza v.                  
          Commissioner, 114 T.C. 176, 181-182 (2000).  Where the underlying           
          tax liability is not at issue, we review the determination for              
          abuse of discretion.  Id.  at 182.  Whether an abuse of                     
          discretion has occurred depends upon whether the exercise of                

               7 Pursuant to the Pension Protection Act of 2006, Pub. L.              
          109-280, sec. 855(a), 120 Stat. 1019, this Court has jurisdiction           
          with respect to all determinations in sec. 6330 proceedings,                
          effective for determinations made after the date which is 60 days           
          after the Aug. 17, 2006 date of enactment, or Oct. 16, 2006.                






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