Garrett Lawrence Bailey - Page 10

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               Petitioner filed a timely petition contesting respondent’s             
          determination.  Petitioner disputes the validity of the                     
          deficiencies and alleges that the proposed collection action is             
          more intrusive than necessary.                                              
                                       OPINION                                        
               Section 6330(a) provides that no levy may be made on any               
          property or right to property of any person unless the Secretary            
          has notified such person in writing of the right to a hearing               
          before the levy is made.  If the person makes a timely request              
          for a hearing, a hearing shall be held by the Internal Revenue              
          Service Office of Appeals.  Sec. 6330(b)(1).                                
               The administrative hearing must be conducted pursuant to               
          section 6330(c), (d), and (e).  The taxpayer may raise any                  
          relevant issue to the collection action at the hearing, including           
          spousal defenses, challenges to the appropriateness of the                  
          collection action, and offers of collection alternatives (such as           
          offers-in-compromise).  Sec. 6330(c)(2)(A).  Additionally, the              
          taxpayer may contest the validity of the underlying tax                     
          liability, but only if he did not receive a notice of deficiency            
          or otherwise have an opportunity to dispute the tax liability.              
          Sec. 6330(c)(2)(B).  The phrase “underlying tax liability”                  
          includes the tax deficiency, any penalties and additions to tax,            
          and statutory interest.  Katz v. Commissioner, 115 T.C. 329, 339            
          (2000).                                                                     






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