- 6 - II. Section 6330 Section 6330 generally provides that respondent cannot proceed with collection of taxes by way of levy on a taxpayer’s property until the taxpayer has been given notice of and the opportunity for an administrative review of the matter (in the form of a section 6330(b) hearing).1 Section 6330(e) provides for the suspension of the period of limitations on collection while the hearing and any appeals are pending, and, in no event shall such period of limitations expire before the 90th day after the day on which there is a final determination in the hearing. Section 6330(c) prescribes the matters that may be raised by the taxpayer at a section 6330(b) hearing. In pertinent part, section 6330(c)(2)(B) provides: “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 notice of deficiency for such tax liability”. Section 6330(d) provides for judicial review of the determination resulting from the section 6330(b) hearing. 1 In pertinent part, section 6330(a)(1) provides: No levy may be made on any property or right to property of any person unless the Secretary has notified such person in writing of their right to a hearing under this section before such levy is made. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011