James Wilson Richmond, Jr. - Page 7

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                                       OPINION                                        
          A.   Section 6330                                                           
               Section 6330 entitles a taxpayer to notice and an                      
          opportunity for a hearing before the IRS can begin the process of           
          tax collection by lien and/or levy.  Upon request, a taxpayer is            
          entitled to a fair hearing before an impartial officer from the             
          IRS Office of Appeals.  Sec. 6330(b)(1), (3).  At the hearing,              
          the Appeals officer is required to verify that the requirements             
          of any applicable law or administrative procedure have been met             
          and to consider any relevant issue the taxpayer raises relating             
          to the unpaid tax or the proposed levy.  Sec. 6330(c)(1) and                
          (2)(A).                                                                     
               A taxpayer may generally raise any relevant issue relating             
          to his/her unpaid tax liability or the proposed levy during the             
          hearing.  Relevant issues include an appropriate spousal defense,           
          challenges to the appropriateness of the collection action, and             
          offers of collection alternatives.  Sec. 6330(c)(2)(A).  The                
          taxpayer may challenge the existence or amount of the underlying            
          tax liability if he/she did not receive a statutory notice of               
          deficiency for the tax liability or did not have an opportunity             
          to dispute it.  Sec. 6330(c)(2)(B).                                         
               Following the hearing, the Appeals officer must determine              
          whether the collection action is to proceed, taking into account            
          the verification the Appeals officer has made, the issues raised            






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