- 7 - proceed with collection of taxes by way of a levy on a taxpayer’s property until the taxpayer has been given notice of, and the opportunity for, an administrative review of the matter. The statute specifically provides that “such hearing shall be held by the Internal Revenue Service Office of Appeals.” Sec. 6330(b)(1). A taxpayer is entitled to only one hearing with respect to the taxable period(s) involved in the proposed lien or levy. Sec. 6330(b)(2). If the taxpayer is dissatisfied with the determination made after the hearing, judicial review of the determination, such as that sought in this case, is available. See generally Goza v. Commissioner, 114 T.C. 176, 179-181 (2000). Section 6330(c) specifies the matters considered at the hearing. In this case, there is no dispute that the requirements of applicable laws and procedures regarding the assessment have been met, sec. 6330(c)(1), and there is no dispute with respect to the underlying tax liability, sec. 6330(c)(2)(B). Section 6330(c)(2)(A) provides: (A) In general.--The person may raise at the hearing any relevant issue relating to the unpaid tax or the proposed levy, including–- (i) appropriate spousal defenses; (ii) challenges to the appropriateness of collection actions; and (iii) 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011