Terry L. Lindsay - Page 4




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            and of his right to a hearing.3  Section 6320(b) affords the                               
            taxpayer the right to a fair hearing before an impartial Appeals                           
            officer.  Section 6320(c) incorporates the provisions under                                
            section 6330(c), (d), and (e).  Section 6330(c)(1) requires the                            
            Appeals officer to verify that the requirements of any applicable                          
            law or administrative procedure have been met.  Section                                    
            6330(c)(2)(A) specifies issues that the taxpayer may raise at the                          
            Appeals hearing.  The taxpayer is allowed to raise any relevant                            
            issue relating to the unpaid tax including spousal defenses,                               
            challenges to the appropriateness of collection action, and                                
            alternatives to collection.  Sec. 6330(c)(2)(A).  The taxpayer                             
            cannot raise issues relating to the underlying tax liability if                            
            the taxpayer received a notice of deficiency or the taxpayer                               
            otherwise had an opportunity to dispute the tax liability.  Sec.                           
            6330(c)(2)(B).  Section 6330(d)(1) allows the taxpayer to appeal                           
            a determination to the Tax Court or a district court.                                      
                  Respondent argues that there are no genuine issues of                                
            material fact in this case, and, therefore, we should grant his                            
            motion for summary judgment.  Respondent claims that petitioner                            
            received a notice of deficiency, and, therefore, the underlying                            



                  3Generally, a Notice of Federal Tax Lien, Form 668(Y)(c), is                         
            filed with an appropriate local Government entity and gives                                
            public notice of the Federal Government’s lien on the taxpayer’s                           
            property.  A Notice of Federal Tax Lien Filing and Your Right to                           
            a Hearing Under IRC 6320, Letter 3172 (ALS), is then sent to the                           
            taxpayer.                                                                                  





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