- 6 - Discussion If any person neglects or refuses to make payment of any Federal tax liability within 10 days of notice and demand, the Secretary is authorized to collect the tax by levy on the person’s property. Sec. 6331(a). At least 30 days before taking such action, however, the Secretary generally must provide the person with a final notice of intent to levy that describes, among other things, the administrative appeals available to the person. Sec. 6331(d). Upon request, the person is entitled to an administrative hearing before the Appeals Office of the Internal Revenue Service. Sec. 6330(b)(1). If dissatisfied with the Appeals Office determination, the person may seek judicial review in the U.S. Tax Court or a Federal District Court, as appropriate. Sec. 6330(d). Generally, the proposed levy actions are suspended for the pendency of the hearing and any judicial appeals therein. Sec. 6330(e)(1). Section 6330(c) prescribes matters that a person may raise at an Appeals Office hearing, including spousal defenses, the appropriateness of the Commissioner’s intended collection action, and possible alternative means of collection. The existence or amount of the underlying tax liability may be challenged in the collection proceeding only if the person received no statutory notice of deficiency or otherwise had no opportunity to disputePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011