Michael Craig v. Commissioner - Page 10




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          The statute provides further that at the Hearing the taxpayer may           
          raise any relevant matter set forth in section 6330(c) and that             
          the Appeals officer shall make a “determination” as to those                
          matters.  Sec. 6330(c) and (d)(1); see also sec. 301.6330-1(f),             
          Proced. & Admin. Regs. (regulations interpreting section 6330               
          provide that the Appeals officer must issue a “Notice of                    
          Determination” to any taxpayer who timely requests a Hearing).4             
          The statute gives a taxpayer the right to contest the Appeals               
          officer’s determination in the appropriate judicial forum, sec.             
          6330(d)(1), and precludes respondent from proceeding with the               
          proposed levy that is the subject of the Hearing while the                  
          Hearing and any appeals thereof are pending, sec. 6330(e)(1).               
          The statute provides that the applicable periods of limitation              



               4 The regulations provide further that, in general, the                
          notice of determination must set forth the Appeals officer’s                
          findings and decisions.  Sec. 301.6330-1(e)(3), Q&A-E8, Proced. &           
          Admin. Regs.  More specifically, the notice of determination                
          must:  (1) State whether respondent met the requirements of any             
          applicable law or administrative procedure; (2) resolve any issue           
          appropriately raised by the taxpayer relating to the unpaid tax;            
          (3) decide any appropriate spousal defenses raised by the                   
          taxpayer; (4) decide any challenge made by the taxpayer to the              
          appropriateness of the collection action; (5) respond to any                
          offers by the taxpayer for collection alternatives; (6) address             
          whether the proposed collection action represents a balance                 
          between the need for the efficient collection of taxes and the              
          legitimate concern of the taxpayer that any collection action be            
          no more intrusive than necessary; (7) set forth any agreements              
          that Appeals reached with the taxpayer, any relief given the                
          taxpayer, and any actions which the taxpayer or respondent are              
          required to take; and (8) advise the taxpayer of the right to               
          seek judicial review within 30 days of the date of the notice of            
          determination.  Id.                                                         





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