Rubin Whitfield, Jr. - Page 5




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          a discussion of possible payment alternatives and, following the            
          hearing, the Appeals Office twice sent forms to be completed and            
          returned by petitioner that would set forth petitioner's                    
          proposals for alternative payments.  Petitioner never followed              
          through with the process, whereupon respondent's Appeals Office             
          concluded that petitioner was not entitled to relief.                       
               Section 6331(a) provides that, if any person liable to pay             
          any tax neglects or refuses to pay such tax within 10 days of               
          notice and demand for payment, the Secretary may collect such tax           
          by levy upon the taxpayer's property.  Section 6330 generally               
          provides that the Secretary cannot proceed with the collection of           
          taxes by way of a levy until the taxpayer has been given notice             
          and an opportunity for administrative review in the form of an              
          Appeals Office hearing.  Section 6330(c) provides for an Appeals            
          Office due process hearing to address collection issues                     
          including, among other things not pertinent here, alternative               
          means of collection.  The determination of the Appeals Office may           
          be reviewed judicially upon the timely filing of a petition in              
          this Court or in an appropriate United States District Court.               
          When the validity of the underlying tax liability is not at                 
          issue, such as in this case, this Court reviews the Appeals                 
          Office determination for abuse of discretion and does not review            
          the determination on a de novo basis.  Goza v. Commissioner, 114            
          T.C. 176, 181-182 (2000).                                                   





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