Nield and Linda Montgomery - Page 24

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          address the Administration’s stated concern.  The Senate version            
          of section 6330(c)(2), see id., 144 Cong. Rec. S4163 (daily ed.             
          May 4, 1998), provided (emphasis added):                                    
                    SEC. 6330(c)(2).  Issues at hearing.--The person                  
               may raise at the hearing any relevant issue relating to                
               the unpaid tax or the proposed levy, including--                       
                         (A) challenges to the underlying tax                         
                    liability as to existence and amount.                             
                         (B) appropriate spousal defenses,                            
                         (C) challenges to the appropriateness of                     
                    collection actions, and                                           
                         (D) offers of collection alternatives,                       
                    which may include the posting of a bond, the                      
                    substitution of other assets, an installment                      
                    agreement, or an offer-in-compromise.                             
          Section 6330 as enacted provided (emphasis added):                          
               SEC. 6330(c)(2).  Issues at hearing.                                   
                    (A) In general.  The person may raise at the                      
               hearing any relevant issue relating to the unpaid tax                  
               or the proposed levy, including                                        
                         (i) appropriate spousal defenses;                            
                         (ii) challenges to the appropriateness                       
                    of collection actions; and                                        
                         (iii) offers of collection alternatives,                     
                    which may include the posting of a bond, the                      
                    substitution of other assets, an installment                      
                    agreement, or an offer-in-compromise.                             
                    (B) Underlying liability.  The person may also                    
               raise at the hearing challenges to the existence or                    
               amount of the underlying tax liability for any tax                     
               period if the person did not receive any statutory                     
               notice of deficiency for such tax liability or did not                 
               otherwise have an opportunity to dispute such tax                      
               liability.                                                             





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