Marco E. Brown - Page 5




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          from contesting the existence or amount of the underlying                   
          liability in this section 6330 proceeding.3  Since that is the              
          only challenge that petitioner has made to the proposed                     
          collection action, respondent’s determination to proceed with               
          collection is upheld.                                                       

                                                  Decision will be entered            
                                             for respondent.                          




               3 The underlying liability arose from respondent’s rejection           
          of petitioner’s claims for head of household filing status,                 
          personal exemptions, and earned income and child tax credits.               
          Even though petitioner did not have the right to raise the                  
          existence or amount of the underlying liability before the                  
          Appeals officer, the Appeals officer did give petitioner a                  
          telephonic hearing and considered and rejected petitioner’s                 
          claims regarding the underlying liability.                                  
               In respondent’s pretrial memorandum and statements at trial,           
          respondent’s counsel stated that petitioner failed to provide any           
          of the documents that the Appeals officer requested.  Petitioner            
          and his son’s mother (Ms. Chung) testified that they did provide            
          documents.  The administrative file contains some documents that            
          petitioner submitted in attempting to prove that he supported his           
          son and Ms. Chung and that they both lived with him during 2004.            
          After conducting a telephonic hearing, the Appeals officer                  
          rejected petitioner’s position on the grounds that he did not               
          submit any documentation and that the testimony of petitioner was           
          not credible.  We had the opportunity to see and hear the                   
          testimony of petitioner and Ms. Chung and found their testimony             
          to be credible.  Because, as previously explained, petitioner               
          received a notice of deficiency, see sec. 6330(c)(2)(B), he has             
          no “right” to further consideration of the underlying liability             
          by an Appeals officer.  However, we believe it might be in the              
          best interests of good tax administration for respondent to give            
          further consideration to petitioner’s claims.  In any event,                
          petitioner still has the option of paying the tax and instituting           
          a refund claim.                                                             





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