- 11 - Following a hearing, the Appeals Office must determine whether the proposed levy action may proceed. Sec. 6330(c)(3). 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 collection action appropriately balances the need for efficient collection of taxes with concerns regarding the intrusiveness of the proposed collection action. Id. 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 properly at issue. Where the underlying tax liability is properly at issue, the Court reviews any determination regarding the underlying tax liability de novo. Sego v. Commissioner, 114 T.C. 604, 610 (2000). The Court reviews any other administrative determination regarding the proposed collection action for abuse of discretion. Id. I. Petitioner’s Challenge to the Underlying Tax Liabilities A. Mailing and Delivery of Notice of Deficiency--1995 and 1996 Tax Liabilities Petitioner argues that because he did not receive the notice of deficiency that respondent issued for 1995 and 1996, he should not have been precluded from challenging the validity ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011