Don Evan and Vicky Kay Whitinger - Page 10

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          have been met.  Sec. 6330(b)(1), (c)(1).  Section 6330(c)                   
          prescribes the matters that a taxpayer may raise at an Appeals              
          Office hearing.  Section 6330(c)(2)(A) provides that a taxpayer             
          may raise at the hearing “any relevant issue relating to the                
          unpaid tax or proposed levy”, including spousal defenses and                
          collection alternatives.  Additionally, the taxpayer may                    
          challenge the existence or amount of the underlying tax liability           
          if the taxpayer “did not receive any statutory notice of                    
          deficiency for such tax liability or did not otherwise have an              
          opportunity to dispute such tax liability.”  Sec. 6330(c)(2)(B).            
               At the conclusion of the hearing, the Appeals officer must             
          determine whether and how to proceed with collection, taking into           
          account, among other things, collection alternatives proposed by            
          the taxpayer and whether any proposed collection action balances            
          the need for the efficient collection of taxes with the                     
          legitimate concern of the taxpayer that the collection action be            
          no more intrusive than necessary.  See sec. 6330(c)(3).                     
               Section 6330(d)(1) provides that if the Appeals Office                 
          issues a notice of determination to the taxpayer following a                
          section 6330 hearing regarding a levy action, then the taxpayer             
          will have 30 days following the issuance of such determination              
          letter to file a petition for review with this Court or a Federal           
          District Court, as may be appropriate.  See Offiler v.                      
          Commissioner, 114 T.C. 492, 498 (2000).                                     






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