Terry Hiram Pierson - Page 6




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          to collect such tax by levy upon property belonging to the                  
          taxpayer.  Section 6331(d) provides that the Secretary is obliged           
          to provide the taxpayer with notice before proceeding with                  
          collection by levy on the taxpayer's property, including notice             
          of the administrative appeals available to the taxpayer.                    
               In the Internal Revenue Service Restructuring and Reform Act           
          of 1998 (RRA 1998), Pub. L. 105-206, sec. 3401, 112 Stat. 685,              
          746, Congress enacted new sections 6320 (pertaining to liens) and           
          6330 (pertaining to levies) to provide due process protections              
          for taxpayers in tax collection matters.  Section 6330 generally            
          provides that the Commissioner cannot proceed with the collection           
          of taxes by way of a levy on a taxpayer's property until the                
          taxpayer has been given notice of and the opportunity for an                
          administrative review of the matter (in the form of an Appeals              
          Office hearing), and if dissatisfied, with judicial review of the           
          administrative determination in either the Tax Court or Federal             
          District Court.                                                             
               In Goza v. Commissioner, 114 T.C. 176 (2000), we explained             
          that section 6330(c) provides for an Appeals Office hearing to              
          address collection issues such as spousal defenses, the                     
          appropriateness of the Commissioner's intended collection action,           
          and possible alternative means of collection.  Under section                
          6330(c)(2)(B), neither the existence nor the amount of the                  
          underlying tax liability can be contested at an Appeals Office              






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