Carol Lee Moore - Page 5




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               After the Commissioner files a notice of lien, section                 
          6320(a)(1) requires the Commissioner to provide notice to the               
          taxpayer of such filing.  Additionally, under section                       
          6320(a)(3)(B) and (b), the Commissioner must provide the taxpayer           
          with notice of and an opportunity for an administrative review of           
          the lien filing; i.e., a hearing.  Section 6320(b)(1) requires              
          that the Appeals Office conduct the hearing.  Section 6320(c)               
          incorporates section 6330(c) and certain parts of section                   
          6330(d), which describe the procedural rules that apply to the              
          hearing and the judicial review thereof.                                    
               At the hearing, the taxpayer may raise certain matters set             
          forth in section 6330(c)(2), which provides, in pertinent part:             
                    SEC. 6330(c).  Matters Considered At Hearing.--In the             
               case of any hearing conducted under this section--                     
                           *    *    *    *    *    *    *                            
                    (2) Issues At Hearing.--                                          
                         (A)  In General.--The person may raise at the                
                    hearing any relevant issue relating to the unpaid tax             
                    or proposed levy, including--                                     
                              (i)  appropriate spousal defenses;                      
                              (ii)  challenges to the appropriateness of              
                              collection actions; and                                 
                              (iii)  offers of collection alternatives,               
                              which may include the posting of a bond, the            
                              substitution of other assets, an installment            
                              agreement, or an offer-in-compromise.                   
                         (B)  Underlying Liability.--The person may also              
                    raise at the hearing challenges to the existence or               
                    amount of the underlying tax liability for any tax                
                    period if the person did not receive any statutory                




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Last modified: May 25, 2011