Stephen R. Barker - Page 5




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          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 only            






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