June H. Ginalski - Page 3

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          the 1993 and 1994 income tax liabilities, which are the                     
          liabilities for which notice of lien has been filed.                        
               Respondent issued a Notice of Determination Concerning                 
          Collection Action(s) under Section 6320 and/or 6330, and                    
          petitioner filed a timely petition with this Court.                         
                                       OPINION                                        
               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 elements:  (1) An impartial officer will conduct the              
          hearing; (2) the conducting officer will receive verification               
          from the Secretary that the requirements of applicable law and              
          administrative procedure have been met; (3) certain issues may be           
          heard such as spousal defenses and offers-in-compromise; and (4)            
          a challenge to the underlying liability may be raised if the                
          taxpayer did not receive a statutory notice of deficiency or                
          otherwise receive an opportunity to dispute such liability.  Sec.           
          6330(c).                                                                    
               In that regard, section 6330(c)(2)(B) provides that a                  
          taxpayer may raise issues concerning the underlying tax liability           
          in a proceeding under section 6330 where the taxpayer did not               
          receive a notice of deficiency or otherwise have an opportunity             
          to dispute the tax liability.  See Sego v. Commissioner, 114 T.C.           
          604 (2000); Goza v. Commissioner, 114 T.C. 176 (2000).  Because             






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