- 4 - 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).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011