Kenneth B. and Marie L. Boyd - Page 5

                                        - 5 -                                         
                                     Discussion                                       
          I.  Sections 6330 and 6331                                                  
               Section 6331(a) authorizes the Secretary of the Treasury               
          (Secretary) to levy against property and property rights where a            
          taxpayer liable for taxes fails to pay those taxes within 10 days           
          after notice and demand for payment is made.  Section 6331(d)               
          requires the Secretary to send written notice of an intent to               
          levy to the taxpayer, and section 6330(a) requires the Secretary            
          to send a written notice to the taxpayer of his right to a                  
          section 6330 hearing at least 30 days before any levy is begun.             
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by the Commissioner’s Appeals Office, and, at the                 
          hearing, the Appeals officer conducting it must verify that the             
          requirements of any applicable law or administrative procedure              
          have been met.  Sec. 6330(b)(1), (c)(2).  The taxpayer may raise            
          at the hearing any relevant issue relating to the unpaid tax or             
          the proposed levy.  Sec. 6330(c)(2).2  At the conclusion of the             
          hearing, the Appeals officer must determine whether and how to              
          proceed with collection, taking into account, among other things,           
          collection alternatives proposed by the taxpayer and whether any            
          proposed collection action balances the need for the efficient              
          collection of taxes with the legitimate concern of the taxpayer             


               2  A taxpayer receiving a notice of Federal tax lien has               
          hearing rights similar to the hearing rights accorded a taxpayer            
          receiving notice of intent to levy.  See sec. 6320(c).                      




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011