- 7 - of her right to a fair hearing before an impartial Appeals officer, generally to be conducted in accordance with the procedures described in section 6330(c), (d), and (e). Sec. 6320. Before proceeding with a lien, the Secretary must meet several notice requirements. Section 6320(a)(1) provides that the Secretary shall notify in writing the taxpayer described in section 6321 of the filing of a notice of lien under section 6323. Section 6320(a)(2) specifies that such notice be: (1) Given in person; (2) left at the taxpayer’s dwelling or usual place of business; or (3) sent by certified or registered mail to the taxpayer’s last known address. Further, such notice must be furnished not more than 5 business days after the day of the filing of the notice of lien. See id. Section 301.6320-1, Proced. & Admin. Regs., addresses the consequences of a taxpayer’s not receiving or accepting a Collection Due Process Notice (CDP Notice) that is properly sent by certified mail to the taxpayer’s last known address. Section 301.6320-1(a)(2), Q&A-11, Proced. & Admin. Regs., provides: A CDP Notice properly sent by certified or registered mail to the taxpayer’s last known address * * * is sufficient to start the 30-day period, commencing the day after the end of the five business day notification period, within which the taxpayer may request a CDP hearing. Actual receipt is not a prerequisite to the validity of the CDP Notice.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011