James E. Anderson and Cheryl J. Latos - Page 12

                                       - 12 -                                         
          action under certain delineated circumstances.  The orders                  
          described in section 7811 and the regulations are remedial in               
          nature and specifically do not cover the Commissioner’s                     
          determinations with respect to the underlying tax liability.                
          Sec. 301.7811-1(c)(3), Proced. & Admin. Regs.  In this case, the            
          problem resolution officer directed a reduction in petitioners’             
          1995 tax liability to reflect the amount of tax that would have             
          been due if Mr. Anderson had been an employee.  That direction              
          does not change the fact that the 1995 liability was assessed as            
          self-employment tax under the deficiency procedures.                        
               Accordingly, we hold that at the time of respondent’s                  
          proposed collection activities, petitioners’ “underlying tax                
          liability” was self-employment tax and that we have jurisdiction            
          over the 1995 tax year.                                                     
          III.  The Underlying Merits of Petitioner’s 1995, 1996, and 1997            
                Tax Liabilities                                                       
               Before the Commissioner may proceed to levy on a taxpayer’s            
          property or right to property, the taxpayer must be notified, in            
          writing, of the Commissioner’s intent and of the right to a                 
          hearing.  Sec. 6331(d).  Section 6330(c) provides that, if a                
          taxpayer requests a hearing, the conducting officer (1) must                
          verify that the requirements of applicable law and administrative           
          procedures have been met and (2) may consider certain issues,               
          such as spousal defenses, challenges to the appropriateness of              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011