David A. Lehmann - Page 10

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          collection may proceed.  Section 6331(d) also indicates that this           
          notification should include a statement of available                        
          administrative appeals.  Section 6330(a) expands in several                 
          respects upon the premise of section 6331(d), forbidding                    
          collection by levy until the taxpayer has received notice of the            
          opportunity for administrative review of the matter in the form             
          of a hearing before the Internal Revenue Service Office of                  
          Appeals.  Section 6330(b) grants a taxpayer who so requests the             
          right to a fair hearing before an impartial Appeals officer.                
               Section 6330(c) addresses the matters to be considered at              
          the hearing:                                                                
                    SEC. 6330(c).  Matters Considered at Hearing.--In                 
               the case of any hearing conducted under this section--                 
                         (1) Requirement of investigation.--The                       
                    appeals officer shall at the hearing obtain                       
                    verification from the Secretary that the                          
                    requirements of any applicable law or                             
                    administrative procedure have been met.                           
                         (2) Issues at hearing.--                                     
                              (A) In general.--The person may raise at                
                         the hearing any relevant issue relating to                   
                         the unpaid tax or the 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                  






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Last modified: May 25, 2011