- 7 - Federal taxes. Upon request, a taxpayer is entitled to a “fair hearing” conducted by an impartial officer from the Office of Appeals. Sec. 6330(b)(1), (3). Such a hearing need not be conducted face-to-face; a taxpayer may receive a fair hearing by telephone or through written correspondence. Sec. 301.6330- 1(d)(2) Q&A-D7, Proced. & Admin. Regs. At the hearing, the Appeals officer is required to: (1) Obtain verification from the Secretary that the requirements of applicable law and administrative procedure have been met, (2) consider certain issues raised by the taxpayer such as collection alternatives including an installment agreement or an offer in compromise, and (3) consider whether any proposed collection action balances the need for the efficient collection of taxes with the legitimate concern of the taxpayer that any collection action be no more intrusive than necessary. Sec. 6330(c). This Court has jurisdiction to review the Commissioner’s administrative determination under section 6330(d). Where, as here, the validity of the underlying tax liability is not at issue, we review the determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). In doing so, under the circumstances of this case, we do not conduct an independent review of what would be an acceptable offer in compromise. Rather, we review only whether the Appeals officer’s decision toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011