Robert Newstat - Page 9

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          of the Commissioner’s intent to levy before 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 been furnished notice of the opportunity for administrative               
          review of the matter in the form of a hearing before the IRS                  
          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                      





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Last modified: May 25, 2011