- 6 - Under section 6330, a taxpayer is entitled to notice and an opportunity for a hearing before certain lien and levy actions are taken by the Commissioner in the process of collecting unpaid Federal taxes. Section 6330 provides that, upon request and in the circumstances described therein, a taxpayer has a right to a “fair hearing”. Sec. 6330(b). A “fair hearing” consists of the following four elements: (1) An impartial officer will conduct the hearing; (2) certain issues may be heard such as an offer-in- compromise; (3) the conducting officer will receive verification from the Secretary that the requirements of applicable law and administrative procedure have been met; and (4) a challenge to the underlying tax liability may be raised only if the taxpayer did not receive a statutory notice of deficiency or receive an opportunity to dispute such liability. Sec. 6330(b) and (c); see Lunsford v. Commissioner, 117 T.C. 183, 183-184 (2001); Vossbrinck v. Commissioner, T.C. Memo. 2002-96. In the present case, the last two elements are not in dispute. With respect to the first element, section 6330(b)(3) provides in relevant part: “The hearing * * * shall be conducted by an officer or employee who has had no prior involvement with respect to the unpaid tax * * * before the first hearing under [section 6330]”. Construing the language of section 6330(b)(3) and the regulation thereunder, we have held that an Appeals officer is impartial if he or she “did not participate in, andPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011