Franklin A. Ogden - Page 6




                                        - 6 -                                         
          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 a person may raise at           
          an Appeals Office hearing.  In sum, section 6330(c) 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 at an Appeals Office              
          hearing only if the person did not receive a notice of deficiency           
          for the taxes in question or did not otherwise have an earlier              
          opportunity to dispute the tax liability.  See Sego v.                      
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner,               
          supra.                                                                      
               Where the Appeals Office issues a determination letter to              
          the person following an administrative hearing regarding a lien             
          or levy action, sections 6320(c) (by way of cross-reference) and            
          6330(d)(1) provide that the person will have 30 days following              
          the issuance of the determination letter to file a petition for             
          review with the Tax Court or a Federal District Court.  See                 
          Offiler v. Commissioner, 114 T.C. 492, 498 (2000).  Section                 
          6330(d)(1) provides:                                                        






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011