Richard T. and Catherine L.. Lites - Page 9

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               determined that an installment agreement would be                      
               granted in the amount of $2,700/mo. because this amount                
               was available monthly.  In addition, payment of this                   
               monthly amount would ensure that the liabilities would                 
               be paid in full prior to the expected retirement date                  
               of Mr. Lites and there would be no requirement for                     
               extension of the collection statute expiration date                    
               (CSED).  This determination was also contingent upon                   
               whether there was no balance due on the 2002 return                    
               that is due to be filed by October 15, 2003.                           
                                       OPINION                                        
               If a person fails to pay any Federal income tax liability              
          within 10 days of notice and demand, the Secretary is authorized            
          to collect the tax by levy on the person’s property.  Sec.                  
          6331(a).  First, however, the person must be notified of the                
          right to an administrative hearing.  Sec. 6330(a).  If one is               
          requested, the administrative hearing is before the Appeals                 
          Office of the Internal Revenue Service.  Sec. 6330(b)(1).  At the           
          hearing, the person may generally raise “any relevant issue                 
          relating to the unpaid tax or the proposed levy”; the person may            
          also challenge the “existence or amount of the underlying tax               
          liability” if the person received no statutory notice of                    
          deficiency or otherwise had no opportunity to dispute the tax               
          liability.  Sec. 6330(c)(2)(A) and (B).  In addition, the person            
          may raise at the hearing offers of collection alternatives, which           
          may include, among other things, an installment agreement or                
          offer in compromise.  Sec. 6330(c)(2)(A)(iii).                              
               In making a determination, the Appeals officer is required             
          to take into consideration issues properly raised, the                      





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