- 5 - sustaining respondent’s proposed levy as the appropriate means of collecting petitioner’s unpaid liability for the 1998 tax year. Discussion Section 6330(c) prescribes the matters that a person may raise at an Appeals Office hearing. Section 6330(c)(2)(A) provides that a person may raise collection 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, 114 T.C. 176, 180 (2000). 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. On November 29, 2000, respondent sent a notice of deficiency to petitioner’s S.E. 26th Street address. The notice was sent by certified mail, but petitioner contends that she does not recall receiving a notice of deficiency, and no petition for redetermination was filed with this Court. Petitioner received mail subsequently sent to that address.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011