Steven and Davina Sego - Page 10




                                       - 10 -                                         
          defenses, the appropriateness of the Commissioner's intended                
          collection action, and possible alternative means of collection.            
          Section 6330(c)(2)(B) provides that the existence and amount of             
          the underlying tax liability can be contested at an Appeals                 
          Office due process hearing only if the taxpayer did not receive a           
          notice of deficiency for the taxes in question or did not                   
          otherwise have an earlier opportunity to dispute such tax                   
          liability.                                                                  
               Section 6330(d) provides for judicial review of respondent’s           
          determination.  Although section 6330 does not prescribe the                
          standard of review that the Court is to apply in reviewing the              
          Commissioner's administrative determinations, the subject is                
          addressed in detail in the legislative history of the provision.            
          In particular, H. Conf. Rept. 105-599, at 266 (1998), states in             
          pertinent part:                                                             
               Judicial review                                                        
                    The conferees expect the appeals officer will                     
               prepare a written determination addressing the issues                  
               presented by the taxpayer and considered at the                        
               hearing. * * * Where the validity of the tax liability                 
               was properly at issue in the hearing, and where the                    
               determination with regard to the tax liability is part                 
               of the appeal, no levy may take place during the                       
               pendency of the appeal.  The amount of the tax                         
               liability will in such cases be reviewed by the                        
               appropriate court on a de novo basis.  Where the                       
               validity of the tax liability is not properly part of                  
               the appeal, the taxpayer may challenge the                             
               determination of the appeals officer for abuse of                      
               discretion.  * * *                                                     







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011