Robert & Polly A. Gatlos - Page 7

                                        - 7 -                                         
          before the levy is made.  If the person makes a request for a               
          hearing, a hearing shall be held before an impartial officer or             
          employee of the Internal Revenue Service Office of Appeals.  Sec.           
          6330(b)(1).  At the hearing, a taxpayer may raise any relevant              
          issue, including appropriate spousal defenses, challenges to the            
          appropriateness of the collection action, and collection                    
          alternatives.  Sec. 6330(c)(2)(A).  Additionally, at the hearing,           
          a taxpayer may contest the existence or amount of the underlying            
          tax liability if the taxpayer did not receive a notice of                   
          deficiency for the tax in question or did not otherwise have an             
          earlier opportunity to dispute the tax liability.  Sec.                     
          6330(c)(2)(B); see also Sego v. Commissioner, 114 T.C. 604, 609             
          (2000).                                                                     
               Following a hearing, the Appeals Office must make a                    
          determination whether the proposed levy action may proceed.  In             
          so doing, the Appeals Office is required to take into                       
          consideration the verification presented by the Secretary, the              
          issues raised by the taxpayer, and whether the proposed levy                
          action appropriately balances the need for efficient collection             
          of taxes with a taxpayer’s concerns regarding the intrusiveness             
          of the proposed levy action.  Sec. 6330(c)(3).  The determination           
          of the Appeals officer under section 6330, except a determination           
          regarding the underlying tax liability that is made pursuant to             
          section 6330(c)(2)(B), is reviewed for abuse of discretion.  Sego           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011