Henry Hermanus Van Es - Page 5




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                                     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 collection                              





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