- 10 - Discussion Section 6321 imposes a lien in favor of the United States on all property and rights to property of a taxpayer liable for unpaid taxes after demand for payment. Within 5 business days after the day of filing the notice of lien, the Secretary must notify the taxpayer, in writing, that a tax lien was filed and inform the taxpayer of his or her right to a hearing before an impartial Appeals officer. Sec. 6320. Section 6320(c) provides that the Appeals Office hearing generally shall be conducted consistent with the procedures set forth in section 6330(c), (d), and (e). Once the Appeals officer has issued a determination letter, the taxpayer may seek judicial review of the Commissioner’s administrative determination. Sec. 6330(d). A. Abatement of Interest We have jurisdiction over petitioners’ request for abatement of interest because such request was made as part of a section 6330 proceeding. See Katz v. Commissioner, 115 T.C. 329, 340-341 (2000). This Court may order an abatement of interest if the Commissioner abuses his discretion in failing to abate interest. Sec. 6404(h)(1).5 The taxpayer must prove that the Commissioner 4(...continued) months to release the lien. 5 Sec. 6404(h), formerly sec. 6404(g), is applicable to (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011