Glenn Broderick - Page 9




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          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);              







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