- 7 - law or administrative procedure have been met. Sec. 6330(b)(1) and (c)(1). The taxpayer may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy. Sec. 6330(c)(2)(A). The taxpayer also may raise challenges to 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. Where the underlying tax liability is not at issue, we review for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 182 (2000). I. The Underlying Tax Liability Respondent concedes that the underlying tax liability is properly at issue.6 In the notices of deficiency, respondent 6 While copies of the notices of deficiency were attached to respondent’s pleadings, respondent was unable to produce evidence that petitioner received the notices. Accordingly, respondent considered the underlying tax liability at the administrative hearing and agrees that petitioner may raise the issue in this proceeding. See sec. 6330(c)(2)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 10, 2007