- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011