- 6 - Section 6330 generally provides that the Secretary cannot proceed with collection by levy on any property of any person until the person has been given notice and the opportunity for an administrative review of the matter (in the form of an Appeals Office hearing) and, if dissatisfied, with judicial review of the administrative determination. Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). Where the underlying tax liability is not at issue, the Court will review the Appeals officer’s determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). In the instant case, the unpaid liability was redetermined by this Court after petitioner received a notice of deficiency with respect thereto. Therefore, the existence or amount of the underlying tax liability is not at issue, and we need only decide whether the Appeals officer abused his discretion in determining that collection may proceed. A. Verification Requirement Petitioner contends that the Appeals officer failed to satisfy section 6330(c)(1), which requires the Appeals officer to obtain verification from the Secretary that the requirements of any applicable law or administrative procedure have been met. Specifically, petitioner alleges that respondent failed to verify that the unpaid liability was properly assessed or thatPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011