Larry D. and Pamela A. Carifee - Page 4

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          property belonging to such person.  Pursuant to section 6331(d),            
          the Secretary is required to give the taxpayer notice of his                
          intent to levy and within that notice must describe the                     
          administrative review available to the taxpayer, before                     
          proceeding with the levy.  See also sec. 6330(a).                           
               Section 6330(b) describes the administrative review process,           
          providing that a taxpayer can request an Appeals hearing with               
          regard to a levy notice.  At the Appeals hearing, the taxpayer              
          may raise certain matters set forth in section 6330(c)(2), which            
          provides, in pertinent part:                                                
                    SEC. 6330(c).  Matters Considered At Hearing.--In                 
               the case of any hearing conducted under this section--                 
                           *    *    *    *    *    *    *                            
                    (2) Issues at Hearing.--                                          
                         (A)  In General.--The person may raise                       
                    at the hearing any relevant issue relating to                     
                    the unpaid tax or proposed levy, including--                      
                              (i)  appropriate spousal defenses;                      
                              (ii)  challenges to the appropriateness                 
          of collection actions; and                                                  
                              (iii)  offers of collection alternatives,               
                         which may include the posting of a bond, the                 
                         substitution of other assets, an installment                 
                         agreement, or an offer-in-compromise.                        
                         (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                      






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Last modified: May 25, 2011