- 8 - 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 the liability. Sec. 6330(c). Petitioner received written notice of respondent’s intent to levy and petitioner’s right to a hearing. In response, petitioner timely filed his request for an administrative hearing. An experienced Appeals officer was assigned to petitioner’s case. The Appeals officer had no prior involvement with respect to petitioner’s unpaid tax. This satisfies the first element of petitioner’s right to a hearing with an impartial officer. The second through fourth elements are usually satisfied at the time of the hearing. Petitioner claims he was not afforded the opportunity for a hearing. The record, however, indicates that respondent provided petitioner with ample opportunities, but that petitioner declined such opportunities. On several occasions, petitioner was telephonically contacted by the Appeals officer to schedule a conference. Petitioner would not agree to any suggested dates for a hearing and did not offer any alternative dates. When thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011