John A. Roberts - Page 9

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          describes, among other things, the administrative appeals                   
          available to the person.  Sec. 6331(d).                                     
               Upon request, the person is entitled to an administrative              
          review hearing before respondent’s Appeals Office.  Sec.                    
          6330(b)(1).  If dissatisfied with the Appeals Office                        
          determination, the person may seek judicial review in the Tax               
          Court or a Federal District Court, as appropriate.  Sec.                    
          6330(d)(1).  Generally, action on the proposed levy and the                 
          running of the section 6502 period of limitations on collection             
          are both suspended during the pendency of the administrative                
          review hearing and any judicial review proceeding.  Sec.                    
          6330(e)(1).                                                                 
               Section 6330(c) prescribes the relevant matters that a                 
          person may raise at an Appeals Office hearing, including spousal            
          defenses, the appropriateness of respondent’s proposed collection           
          action, and possible alternative means of collection.  A taxpayer           
          may contest the existence or amount of the underlying tax                   
          liability at an Appeals Office hearing only if the taxpayer did             
          not receive a statutory notice of deficiency with respect to the            
          underlying tax liability or did not otherwise have an opportunity           
          to dispute that liability.  Sec. 6330(c)(2)(B).                             
               Where, as here, the underlying tax liability is not at                 
          issue, we generally review determinations made by the Appeals               
          Office for an abuse of discretion.  E.g., Magana v. Commissioner,           






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Last modified: May 25, 2011