- 3 - 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). BecausePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011