- 5 - certified mail. Internal Revenue Code Section 6330(a) states that no levy may be made unless the Internal Revenue Service notifies a taxpayer of the opportunity for a hearing with the Internal Revenue Service Office of Appeals. Letter 1058 “Final Notice,” was mailed to the taxpayer via certified mail. The taxpayer responded timely. Internal Revenue Code Section 6330(c) allows the tax- payer to raise any relevant issue relating to the unpaid tax or the proposed levy at the hearing, includ- ing appropriate spousal defenses, challenges to the appropriateness of collection actions and offers of collection alternatives. The taxpayer may also raise at the collection due process hearing challenges to the existence or amount of the underlying tax liability for any tax period if the taxpayer did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. A Collection Due Process Hearing was held and you acknowledged receipt of the statutory notice of defi- ciency. No petition was filed. It was explained to you that under IRC 6330(c)(2)(B) there was an opportu- nity to dispute the tax liability but you chose not to not [sic] petition to the United States Tax Court and the only item of discussion are collection alterna- tives. You were not willing to discuss collection alternatives but wanted to address the underlying liability instead. This Appeals Officer has had no prior involvement with respect to these liabilities. Relevant Issues Presented by the Taxpayer You have stated in your Request for a Collection Due Process Hearing in regard to the Notice of Federal Tax Lien, “I am challenging the existence of the underlying tax liability.” I explained to you that you do not have the right to challenge the existence of the under- lying tax liability because you received a statutory notice of deficiency. During the Collection Due Pro- cess Hearing I provided you a Summary Record of Assess- ment. I have been satisfied all administrative proce- dures have been met.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011