- 9 - amount of petitioner’s underlying 1997 tax liability is not a relevant issue to be addressed at the section 6320 hearing. See Sego v. Commissioner, supra at 609. Petitioner was afforded an opportunity at the section 6320 hearing to raise all relevant issues as set forth in section 6330(c)(2)(A), including offers of collection alternatives. He failed to take advantage of that opportunity.4 Petitioner claims that there was an irregularity in the Form 4340 sent to him. As best we can understand petitioner’s position, he complains that the Form 4340 was improperly signed by Kathleen R. Bushnell, Accounting Branch Chief. This argument is groundless. Section 6301 provides that the Secretary has the power to collect taxes. That power can be delegated to IRS District Directors and in turn redelegated to local-level officials. See sec. 301.6301-1, Proced. & Admin. Regs.; Delegation Order No. 198 (Rev. 5), Sept. 7, 2001. “The delegation of authority down the chain of command, from the Secretary to the Commissioner of Internal Revenue, to local IRS employees constitutes a valid 4At trial, petitioner appeared to be willing to discuss compromising his 1997 tax liability. He did not, however, make any offer. Moreover, because petitioner failed to file a proper tax return for 1998, 1999, 2000, or 2001 and appeared unwilling to do so, the IRS (pursuant to its stated policy) would be precluded from considering any offer in compromise made by petitioner with respect to his 1997 unpaid tax liability. In any event, if petitioner seriously wanted to propose a collection alternative, he should have done so at the sec. 6320 hearing.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011