- 6 - independent review of the rejected offer as required under the Act. * * * * * * 5. Petitioner has at all times acted in good faith in connection with her tax affairs. Therefore denial of an offer that would give her a “fresh start” is misplaced. Moreover, no alternatives such as income collateral agreements were made available to either the Petitioner or her representative prior to issuance of this Determination. After the case was set for trial, respondent filed a Motion for Summary Judgment. Although petitioner was ordered to serve on respondent and file with the Court a written response to the Motion for Summary Judgment, she failed to do so. However, when the case was called for hearing on the Motion for Summary Judgment, petitioner was permitted to testify and to present the testimony of her representative as a means of explaining her position. See Rule 121(b), (d). Discussion The primary dispute in this case arises from an apparent misunderstanding by petitioner and her representative of the effect of sections 6320 and 6330. Sections 6320 (pertaining to liens) and 6330 (pertaining to levies) were enacted as part of the Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401, 112 Stat. 746, to provide new procedural protections for taxpayers in collection matters. Section 6330 generally provides that the Commissioner may notPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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