- 5 - material fact exist, however, with respect to petitioner’s 1993 tax year. I. Section 6330 Hearing Prerequisites If a taxpayer neglects or refuses to pay a Federal tax liability within 10 days of notice and demand, the Secretary is authorized to collect such liability by levy on the taxpayer’s property. Sec. 6331(a). Pursuant to section 6330(b), a taxpayer has a right to a hearing before the Commissioner may levy. We first address whether respondent met the hearing prerequisites of section 6330 with respect to petitioner’s 1993 and 1994 tax years. Section 6330(b) provides that administrative hearings be held by an impartial officer of the Internal Revenue Service Office of Appeals. If dissatisfied with the Appeals Office determination, a taxpayer may seek judicial review of the decision in this Court or a District Court of the United States as applicable. Sec. 6330(d). The matters to be considered at the hearing are specified by section 6330(c), which provides: (1) The Appeals officer shall obtain verification that the requirements of applicable law and administrative procedure have been met; (2) certain issues may be heard, including spousal defenses, appropriateness of collection activities, and collection alternatives; and (3) a challenge to the underlying liability may be raised if the taxpayer did notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011