William B. and Diane S. Meyer - Page 7

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          Appeals Officer must verify at the hearing that applicable laws             
          and administrative procedures have been followed.4  The Appeals             
          Officer may rely on a Form 4340 for purposes of complying with              
          section 6330(c)(1).  Nestor v. Commissioner, 118 T.C. 162, 166              
          (2002).  At the hearing, the person may raise any relevant issue            
          relating to the unpaid tax or the proposed levy, including                  
          appropriate spousal defenses, challenges to the appropriateness             
          of collection actions, and collection alternatives.  Sec.                   
          6330(c)(2)(A).  However, the person may challenge the existence             
          or amount of the underlying tax liability only if the person did            
          not receive any statutory notice of deficiency for the tax                  
          liability or did not otherwise have an opportunity to dispute the           




               3(...continued)                                                        
                    property or right to property of any person unless the            
                    Secretary has notified such person in writing of their            
                    right to a hearing under this section before such levy            
                    is made. * * *                                                    
                              *    *    *    *    *    *    *                         
                    (b) Right to Fair Hearing.--                                      
                         (1) In general.--If the person requests a hearing            
                    * * *, such hearing shall be held by the Internal                 
                    Revenue Service Office of Appeals.                                
               4Sec. 6330(c)(1) provides:                                             
               (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.                                





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