Edward F. Murphy - Page 12

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          taxpayer written notice of his right to a section 6330 hearing at           
          least 30 days before any levy is begun.1                                    
               If a section 6330 hearing is requested, the hearing is to be           
          conducted by respondent’s Appeals Office (Appeals), and, at the             
          hearing, the Appeals officer or employee (without distinction,              
          Appeals officer) conducting it must verify that the requirements            
          of any applicable law or administrative procedure have been met.            
          Sec. 6330(b)(1), (c)(1).  The taxpayer may raise at the hearing             
          any relevant issue relating to the unpaid tax or the proposed               
          levy.  Sec. 6330(c)(2)(A).  The taxpayer is entitled to propose             
          an offer in compromise or other alternative to immediate                    
          collection.  See sec. 6330(c)(2)(A)(iii).  The taxpayer may                 
          contest the existence or amount of the underlying tax liability             


               1  A taxpayer receiving a notice of Federal tax lien has               
          hearing rights similar to the hearing rights accorded a taxpayer            
          receiving a notice of intent to levy.  See sec. 6320(c).  Indeed,           
          the record in this case contains a Notice of Federal Tax Lien               
          Filing and Your Right to a Hearing under Section 6320, dated May            
          3, 2002, addressed to petitioner, and concerning his unpaid                 
          Federal income tax for 1999 (the notice of Federal tax lien).               
          Respondent has proposed that we find that (1) the Notice of                 
          Determination Concerning Collection Action(s) Under Section 6320            
          and/or 6330, dated May 29, 2003 (notice of determination), which            
          we described supra in our Findings of Fact, relates only to the             
          Final Notice - Notice of Intent to Levy and Notice of Your Right            
          to a Hearing, issued Apr. 15, 2002, which we also described supra           
          in our Findings of Fact, and (2) the notice of determination was            
          issued under sec. 6330 only.  Petitioner states that he does not            
          dispute those proposed findings of fact, and we find accordingly.           
          Therefore, we do not in this case concern ourselves with the                
          notice of Federal tax lien or any determination under secs. 6320            
          and 6330 in connection therewith.                                           





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