Kevin P. Burke - Page 8

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          at an administrative hearing.  Section 6330(c)(2)(A) provides               
          that a person may raise issues such as spousal defenses, the                
          appropriateness of the Commissioner's intended collection action,           
          and possible alternative means of collection.  See Sego v.                  
          Commissioner, 114 T.C. 604, 609 (2000); Goza v. Commissioner,               
          supra.  In addition, section 6330(c)(2)(B) establishes the                  
          circumstances under which a person may challenge the existence or           
          amount of his or her underlying tax liability.  Section                     
          6330(c)(2)(B) provides:                                                     
                    (2).  Issues at hearing.--                                        
                         *    *    *    *    *    *    *                              
                         (B) Underlying liability.-–The person may                    
                    also raise at the hearing challenges to the                       
                    existence or amount of the underlying tax                         
                    liability for any tax period if the person did not                
                    receive any statutory notice of deficiency for                    
                    such tax liability or did not otherwise have an                   
                    opportunity to dispute such tax liability.                        
               When the Appeals Office issues a Notice Of Determination               
          Concerning Collection Action(s) to a taxpayer following an                  
          administrative hearing, section 6330(d)(1) provides that the                
          taxpayer has 30 days following the issuance of such notice to               
          file a petition for review with the Tax Court or, if the Tax                
          Court does not have jurisdiction over the underlying tax                    
          liability, with a Federal District Court.  See Offiler v.                   
          Commissioner, 114 T.C. 492, 497-498 (2000).  The procedure                  
          established under section 6330(d)(1) is made applicable to a                






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