James Benjamin Wood III - Page 6




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          a taxpayer may raise any relevant issues relating to the unpaid             
          tax or the proposed levy, including appropriate spousal defenses,           
          challenges to the appropriateness of collection actions, and                
          collection alternatives.  Sec. 6330(c)(2)(A).  The person may               
          challenge the existence or amount of the underlying tax, however,           
          only if he or she did not receive any statutory notice of                   
          deficiency for the tax liability or did not otherwise have an               
          opportunity to dispute the tax liability.  Sec. 6330(c)(2)(B).              
               Where the validity of the underlying tax liability is                  
          properly at issue, the Court will review the matter de novo.                
          Where the validity of the underlying tax is not properly at                 
          issue, however, the Court will review the Commissioner’s                    
          administrative determination for abuse of discretion.  Sego v.              
          Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114           
          T.C. 176, 181-182 (2000).                                                   
               Settlement Officer Feist could not determine whether                   
          petitioner received notices of deficiency for 1992 and 1993.                
          Accordingly, Settlement Officer Feist allowed petitioner to                 
          challenge the validity of the underlying tax liability for 1992             
          and 1993 as part of the section 6330 hearing.  Petitioner,                  
          however, failed to raise a nonfrivolous challenge to his                    
          underlying tax liability.  Instead, petitioner chose to advance             
          frivolous and groundless arguments.                                         








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