- 6 - The conference report accompanying enactment of the RRA 1998, which created section 6330, stated in pertinent part as follows: Judicial review The conferees expect the appeals officer will prepare a written determination addressing the issues presented by the taxpayer and considered at the hearing. The determination of the appeals officer may be appealed to the Tax Court * * * * * * * * * * An exception to the general rule prohibiting levies during the 30-day period would apply in the case of state tax offset procedures, and in the case of jeopardy or termination assessments. H. Conf. Rept. 105-599, at 266 (1998), 1998-3 C.B. 747, 1020. Thus, Congress intended to permit taxpayers to appeal determinations made under section 6330 to this Court. Id. Congress also intended the section 6330(a) requirement that a taxpayer be given prelevy notice not to apply to a jeopardy levy or levy of a State tax refund. Id. There is no suggestion in the conference report that a taxpayer’s right to judicial review under section 6330(d) is not recognized in the case of a jeopardy levy. Id. at 265-266, 1998-3 C.B. at 1019-1020. D. Conclusion Courts must interpret a statute to “‘fit, if possible, all parts into an harmonious whole’”. FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120, 133 (2000) (quoting FTC v. Mandel Bros., Inc., 359 U.S. 385, 389 (1959)). We do not believe the flush language of section 6330(f) conflicts with section 6330(d)Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011