Howard and Everlina Washington - Page 20




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               HALPERN, J., concurring:                                               
          I.  Introduction                                                            
               I concur with the conclusion of the majority that respondent           
          may proceed with the collection action as determined in the                 
          notice of determination with respect to each of petitioner’s                
          taxable years 1994, 1995, and 1998.  I write separately princi-             
          pally to add some observations concerning what we have character-           
          ized as the “standard of review” (described infra) applicable to            
          our jurisdiction under section 6330(d)(1) to review a section               
          6330 determination.                                                         
          II.  Section 6330                                                           
               Section 6330 entitles a taxpayer to notice and an opportu-             
          nity for a hearing before certain lien and levy actions are taken           
          by the Commissioner in furtherance of the collection from the               
          taxpayer of unpaid Federal taxes.  At such required hearing (the            
          section 6330 hearing), the Appeals officer conducting the hearing           
          must verify that the requirements of any applicable law or                  
          administrative procedure have been met.  Sec. 6330(c)(1).  The              
          taxpayer requesting the section 6330 hearing may raise “any                 
          relevant issue relating to the unpaid tax or the proposed levy”.            
          Sec. 6330(c)(2)(A).  The taxpayer may also raise challenges to              
          the existence or amount of the underlying tax liability “if the             
          person did not receive any statutory notice of deficiency for               
          such tax liability or did not otherwise have an opportunity to              






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