Christine Whiting - Page 5

                                        - 5 -                                         
          defenses; challenges to the appropriateness of the collection               
          action; and collection alternatives, such as an offer in                    
          compromise.  Sec. 6330(c)(2)(A).  Additionally, at the hearing, a           
          taxpayer may contest the existence and amount of the underlying             
          tax liability if the taxpayer did not receive a notice of                   
          deficiency for the tax in question or did not otherwise have an             
          opportunity to dispute the tax liability.  Sec. 6330(c)(2)(B);              
          see also Sego v. Commissioner, 114 T.C. 604, 609 (2000).                    
               Following a hearing, the Appeals Office must make a                    
          determination whether the proposed levy action may proceed.  In             
          so doing, the Appeals Office is required to take into                       
          consideration the verification presented by the Secretary, the              
          issues raised by the taxpayer, and whether the proposed levy                
          action appropriately balances the need for efficient collection             
          of taxes with the taxpayer’s concerns regarding the intrusiveness           
          of the proposed levy action.  Sec. 6330(c)(3).  The taxpayer may            
          petition the Tax Court, or, in limited cases, a Federal District            
          Court for judicial review of the Appeals Office’s determination.            
          Sec. 6330(d).                                                               
               If the taxpayer files a timely petition for judicial review,           
          the applicable standard of review depends on whether the                    
          underlying tax liability is at issue.  Where the underlying tax             
          liability is properly at issue, the Court reviews any                       
          determination regarding the underlying tax liability de novo.               






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011