Gunter R. and Jay R. Wall - Page 6

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               Before a levy may be made on any property or right to                  
          property, a taxpayer is entitled to notice of intent to levy and            
          notice of the right to a fair hearing before an impartial officer           
          of the Appeals office.  Secs. 6330(a) and (b), 6331(d).  If the             
          taxpayer requests a hearing, he may raise in that hearing any               
          relevant issue relating to the unpaid tax or the proposed levy,             
          including challenges to the appropriateness of the collection               
          action and “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”.  Sec.                    
          6330(c)(2)(A).  A determination is then made which takes into               
          consideration those issues, the verification that the                       
          requirements of applicable law and administrative procedures have           
          been met, and “whether any proposed collection of taxes balances            
          the need for the efficient collection of taxes with the                     
          legitimate concern of the person that any collection action be no           
          more intrusive than necessary”.  Sec. 6330(c)(3)(C).                        
               An installment agreement generally requires the payment of a           
          tax liability in full.  Sec. 6159(a).  In certain cases,                    
          respondent allows taxpayers to treat tax years separately,                  
          classifying some years as “currently not collectible” while                 
          allowing other years to be paid in full under an installment                
          agreement.  Willis v. Commissioner, T.C. Memo. 2003-302.                    








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