- 14 - affirmative verification requirements on respondent with regard to “applicable law or administrative procedure”. The verification requirements are independent of any issue raised by taxpayers. In this case, any holding that respondent has not satisfied that duty would be inconsistent with Davis v. Commissioner, supra. Section 6330(c)(2) then provides that taxpayers may raise at collection hearings any “relevant” issue. It does not say that taxpayers may raise “any” issue or that the Appeals officers should guess as to what issues the taxpayers might have raised. Section 6330(c)(3) provides similar, express language limiting the scope of collection hearings. Section 6330(c)(3)(B) states that Appeals officers need only consider the “issues raised” by taxpayers, and section 6330(c)(3)(C) states that only “legitimate” concerns of taxpayers need be taken into account in considering the need for efficient collection action. Accordingly, and particularly where taxpayers are making tax protester arguments, in collection hearings under section 6330(b) and in subsequent court proceedings, only issues that are actually raised by taxpayers and that constitute relevant, legitimate, and good faith issues need be considered by Appeals officers and by the courts. The referenced statutory language suggests strongly to me,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011