- 5 - Discussion Section 6331(a) provides that, if any person liable to pay any tax neglects or refuses to do so within 10 days after notice and demand, the Secretary can collect such tax by levy upon property belonging to such person. Pursuant to section 6331(d), the Secretary is required to give the taxpayer notice of his intent to levy and within that notice must describe the administrative review available to the taxpayer, before proceeding with the levy. See also sec. 6330(a). Section 6330(b) describes the administrative review process, providing that a taxpayer can request an Appeals hearing with regard to a levy notice. At the Appeals hearing, the taxpayer may raise certain matters set forth in section 6330(c)(2), which provides in pertinent part as follows: SEC. 6330(c). Matters Considered at Hearing.–-In the case of any hearing conducted under this section-- * * * * * * * (2) Issues at hearing.-- (A) In general.–-The person may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy, including–- (i) appropriate spousal defenses; (ii) challenges to the appropriateness of collection actions; and (iii) offers of collectionPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011