Deavrah M. Chandler - Page 6

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               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 not               







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