Raymond Gori - Page 5

                                        - 4 -                                         
          that a proper collection due process hearing was held through               
          correspondence.  Respondent further contends that petitioner                
          failed to raise any other issues regarding the collection of the            
          tax liability and that the proposed levy should be allowed to               
          proceed.  This case was submitted on this basis.                            
                                     Discussion                                       
          1.   Section 6330                                                           
               Section 6330 entitles a taxpayer to notice and the                     
          opportunity for a hearing before the process of collection by               
          lien and levy are taken.  Upon request, a taxpayer is entitled to           
          a fair hearing before an impartial officer from the Internal                
          Revenue Service Office of Appeals.  Sec. 6330(b)(1), (3).  At the           
          hearing, the Appeals officer is required to verify that the                 
          requirements of any applicable law or administrative procedure              
          have been met, and to consider any relevant issue relating to the           
          unpaid tax or proposed levy raised by the taxpayer.  Sec.                   
          6330(c)(1) and (2)(A).                                                      
              A taxpayer may generally raise any relevant issue relating             
          to his or her unpaid tax liability or proposed levy during the              
          hearing.  Relevant issues include an appropriate spousal defense,           
          challenges to the appropriateness of the collection action, and             
          offers of collection alternatives.  Sec. 6330(c)(2)(A).  The                
          taxpayer cannot raise issues relating to the underlying tax                 
          liability if the taxpayer received a notice of deficiency or                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011