- 5 - intent to levy, including notice of the administrative appeals available to the person. In the Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 1998), Pub. L. 105-206, sec. 3401, 112 Stat. 685, 746, Congress enacted new sections 6320 (pertaining to liens) and 6330 (pertaining to levies) to provide protections for persons subject to collection actions. Sections 6320 and 6330 generally provide that the Commissioner cannot proceed with collection until the person has been given notice of and the opportunity for an administrative review of the matter (in the form of an Appeals Office hearing) and, if dissatisfied, with judicial review of the administrative determination. See Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). Section 6330(c) prescribes the matters that may be raised by a person at an Appeals Office hearing. Section 6330(c)(1) first provides that the Appeals officer shall obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met. Section 6330(c)(2)(A) provides that a person may raise collection issues such as spousal defenses, the appropriateness of the Commissioner's intended collection action, and possible alternative means of collection. Section 6330(c)(2)(B) provides that the existence and amount of the underlying tax liability can be contested onlyPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011