- 11 - D. Verification That Requirements of Applicable Law or Administrative Procedure Have Been Met At the CDP hearing, the officer must obtain verification from the Secretary that the “requirements of any applicable law or administrative procedure have been met”. Sec. 6330(c)(1). This verification requirement may be satisfied through Forms 4340 or transcripts of account. Nestor v. Commissioner, 118 T.C. 162, 166 (2002); Davis v. Commissioner, 115 T.C. 35, 41 (2000). The officer is required only to obtain such verification before issuing a determination and is not required to provide a copy to a taxpayer. Nestor v. Commissioner, supra at 166-167. In the present case, the settlement officer not only obtained a copy of petitioner’s Form 4340, but provided a copy of the Form 4340 to petitioner both prior to and at their face-to- face meeting. Accordingly, there was no abuse of discretion in regard to whether the settlement officer verified that the requirements of any applicable law or administrative procedure were met prior to issuing a determination in petitioner’s case. E. Relevant Issues at a CDP Hearing A taxpayer may generally raise any relevant issue relating to his or her unpaid tax liability or to the proposed levy, including appropriate spousal defenses, challenges to the appropriateness of collection actions, and offers of collection alternatives. Sec. 6330(c)(2)(A). Where a taxpayer received a statutory notice of deficiency, he or she is precluded fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011