Rose Lynn Richmond - Page 10




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               In accordance with the foregoing, the Appeals Office must              
          make a collection determination after reviewing the matters                 
          prescribed in section 6330(c)(1) and (2) and considering whether            
          the proposed collection action balances the need for efficient              
          collection of taxes with the legitimate concern of the taxpayer             
          that the collection be no more intrusive than necessary.  Sec.              
          6330(c)(3).                                                                 
               After the Appeals Office makes a determination under section           
          6330(c), the taxpayer may petition the Tax Court for review.                
          Sec. 6330(d).  If the taxpayer’s underlying tax liability is                
          properly at issue, we review any determination regarding the                
          underlying tax liability de novo.  Sego v. Commissioner, 114 T.C.           
          604, 610 (2000).  We review any other administrative                        
          determinations regarding the proposed collection action for abuse           
          of discretion.  Id.                                                         
          Analysis                                                                    
               As previously discussed, on May 22, 2002, the Court entered            
          an agreed decision at docket No. 9419-01 that petitioner was                
          liable for a deficiency of $34,163 for the taxable year 1998, as            


               4(...continued)                                                        
                    respect to which subsection (d)(2)(B) applies.                    
          Sec. 6330(d)(2)(B) provides that the Office of Appeals retains              
          jurisdiction with respect to any determination made under sec.              
          6330 if the taxpayer requests a subsequent hearing, after                   
          exhausting all administrative remedies, to raise an issue that a            
          change in his or her circumstances affects the determination.               





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