- 9 - simply rely on the agency’s representations and that the court failed to do so, the Court of Appeals reversed. In contrast to the above, this case involves the review of a determination to proceed with collection by the IRS. Administrative hearings under sections 6320 (dealing with liens) and 6330 (dealing with levies) must be conducted in accordance with section 6330(c). After the IRS issues its notice of determination following the administrative hearing, a taxpayer has the right to a judicial review of the determination. Sec. 6330(d). A taxpayer may petition this Court to review the determination, and our review is subject to the provisions of section 6330. The judicial review that we are required to conduct in section 6320/6330 cases focuses on the determination made by the IRS. Unless the underlying tax liability of the taxpayer that is the subject of the proceeding is properly at issue, we review the IRS’s determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). It is now well established that a motion for summary judgment may be used to resolve cases brought under sections 6320 and 6330 in appropriate circumstances. Deutsch v. Commissioner, 478 F.3d 450 (2d Cir. 2007), affg. T.C. Memo. 2006-27; Speltz v. Commissioner, 454 F.3d 782 (8th Cir. 2006), affg. 124 T.C. 165 (2005); Kindred v. Commissioner, 454 F.3d 688 (7th Cir. 2006);Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: March 27, 2008