Geoffrey K. Calderone - Page 6

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          contest the notice or advise petitioner of the notice or his                
          rights in regard thereto.  The effect of this, according to                 
          petitioner, was that he did not receive a notice of deficiency or           
          have the opportunity to dispute his 1995 income tax liability.              
          I.  Legal Background                                                        
               Section 6331(a) authorizes the Commissioner to levy on                 
          property and property rights of a taxpayer liable for taxes who             
          fails to pay them within 10 days after notice and demand for                
          payment. Sections 6331(d) and 6330(a), however, require the                 
          Secretary to send written notice to the taxpayer of the intent to           
          levy and of the taxpayer’s right to a hearing prior to the                  
          collection activity.                                                        
               Section 6330(c)(1) requires that the Appeals officer obtain            
          verification that the requirements of any applicable law or                 
          administrative procedure have been met.  Section 6330(c)(2)(A)              
          provides that the taxpayer may raise at the hearing “any relevant           
          issue relating to the unpaid tax or the proposed levy” including            
          spousal defenses, challenges to the appropriateness of collection           
          actions, and alternatives to collection.                                    
               The underlying tax liability may be questioned if the                  
          taxpayer “did not receive any statutory notice of deficiency for            
          such tax liability or did not otherwise have an opportunity to              
          dispute such tax liability.”  Sec. 6330(c)(2)(B).  For purposes             
          of section 6330(c)(2)(B), receipt of a statutory notice of                  






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