Lionel Brown - Page 7

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          hearing, a hearing shall be held before an impartial officer or             
          employee of the IRS Office of Appeals.  Sec. 6330(b)(1), (3).               
               At the hearing, a taxpayer may raise any relevant issue,               
          including appropriate spousal defenses, challenges to the                   
          appropriateness of the collection action, and collection                    
          alternatives.  Sec. 6330(c)(2)(A).  Additionally, a taxpayer may            
          contest the existence or amount of the underlying tax liability             
          if the taxpayer did not receive a notice of deficiency for the              
          tax in question or did not otherwise have an earlier opportunity            
          to dispute the tax liability.  Sec. 6330(c)(2)(B); see also Sego            
          v. Commissioner, 114 T.C. 604, 609 (2000).                                  
               Following the hearing, the Appeals Office must make a                  
          determination whether the proposed levy action may proceed.  In             
          so doing, the Appeals Office is required to take into                       
          consideration the verification presented by the Commissioner, the           
          issues raised by the taxpayer, and whether the proposed levy                
          action appropriately balances the need for efficient collection             
          of taxes with a taxpayer’s concerns regarding the intrusiveness             
          of the proposed levy action.  Sec. 6330(c)(3).                              
               This Court has jurisdiction to review the Commissioner’s               
          administrative determination under section 6330(d).  If the                 
          underlying tax liability is properly at issue, the Court reviews            
          that issue de novo.  Sego v. Commissioner, supra at 610; Goza v.            
          Commissioner, 114 T.C. 176, 181 (2000).                                     






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