Regina S. Davis - Page 3




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               On May 25, 2000, petitioner filed a petition in this Court             
          to review respondent’s actions.  The petition simply alleges that           
          petitioner was denied a lawful “due process” hearing.  Respondent           
          filed an answer.  Respondent subsequently filed a motion for                
          summary judgment.                                                           
               Section 6331(a) provides that if any person liable to pay              
          any tax neglects or refuses to pay such tax within 10 days of               
          notice and demand for payment, the Secretary may collect such tax           
          by levy upon the taxpayer’s property.  Section 63302 generally              
          provides that the Secretary cannot proceed with the collection of           
          taxes by way of a levy until the taxpayer has been given notice             
          and an opportunity for administrative review in the form of an              
          Appeals Office hearing.  Section 6330(c)(2), provides                       
                    (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 alternatives,                
                         which may include the posting of a bond, the                 
                         substitution of other assets, an installment                 
                         agreement, or an offer-in-compromise.                        
                         (B) Underlying liability.-–The person may also               
                    raise at the hearing challenges to the existence or               
                    amount of the underlying tax liability for any tax                
                    period if the person did not receive any statutory                

          2  Sec. 6330 was enacted by the Internal Revenue Service                    
          Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401,           
          112 Stat. 746.                                                              




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