- 6 - Section 6330(c)(2) outlines the issues that a person may raise at an administrative hearing. Those issues include appropriate spousal defenses, challenges to the appropriateness of the Commissioner's intended collection action, and possible alternative means of collection. Section 6330(c)(4) bars a person from raising at an administrative hearing an issue that was raised and considered at a previous administrative or judicial proceeding if the person seeking to raise the issue “participated meaningfully” in such hearing or proceeding. Section 6330(d) provides for judicial review of the administrative determination in the Tax Court or Federal district court, as appropriate. Claims for Relief From Joint and Several Liability Section 6013(d)(3) provides that if a husband and wife make a joint Federal income tax return, “the tax shall be computed on the aggregate income and the liability with respect to the tax shall be joint and several.” Section 6015(a) provides, however, that, notwithstanding section 6013(d)(3), an individual who has made a joint return may elect to seek relief from joint and several liability on such return. Congress vested this Court with jurisdiction to review a taxpayer’s election to claim relief from joint and several liability on a joint return under varying circumstances. See King v. Commissioner, 115 T.C. 118, 121-122 (2000); Corson v.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011