- 8 - taxable year does not constitute a collection action that is subject to review under section 6330. Bullock v. Commissioner, T.C. Memo. 2003-5. We have relied on the same distinction in a case involving restrictions applicable to levy actions during the pendency of an action for relief from joint and several liability. Trent v. Commissioner, T.C. Memo. 2002-285. In section 301.6330-1(g)(2), Q&A-G3, Proced. & Admin. Regs., the Secretary of the Treasury has provided that offset is a nonlevy collection activity that the IRS may take during the suspension period provided in section 6330(e)(1). See also sec. 301.6331- 4(b)(1), Proced. & Admin. Regs. III. Petitioners’ Defense to the Motion Petitioners’ defense to the motion rests on two propositions set forth in the petition: (1) In applying the overpayment to other taxes, respondent “effected an offset”, and (2) “a levy must be carried out to effect an offset”. They claim that, because the offset was by levy, respondent erred in not according them their rights under section 6330 to notice and a hearing. They pray that, on account of such error, the Court compel respondent to return the overpayment to them. Petitioners argue that an offset can be effected only by levy. They believe that we erred in Bullock v. Commissioner, supra, in holding that offset is not a levy subject to the provisions of section 6330. Petitioners support their argumentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011