Joseph D. and Wanda S. Lunsford - Page 3




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          Secretary to send a written notice to the taxpayer of his right             
          to a hearing.  Section 6330(b) affords taxpayers the right to a             
          “fair hearing” before an “impartial” IRS Appeals officer.                   
          Section 6330(c)(1) requires the Appeals officer to obtain                   
          verification 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 or the proposed levy” 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(c)(3), provides that a determination of the               
          Appeals officer shall take into consideration the verification              
          under section 6330(c)(1), the issues raised by the taxpayer, and            
          whether the proposed collection action balances the need for the            
          efficient collection of taxes with the legitimate concern of the            
          person that any collection action be no more intrusive than                 
          necessary.  Section 6330(d)(1) then provides:                               
                    (1)  Judicial review of determination.--The person                
               may, within 30 days of a determination under this                      
               section, appeal such determination--                                   






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Last modified: May 25, 2011