Warren D. Ward - Page 8




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          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).                                        






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