Michael E. Nestor - Page 14




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          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,             








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