- 6 - NIL must be mailed “not less than 30 days before the date of the first levy with respect to the amount of the unpaid tax for the taxable period.” The same section then says that the NIL must notify the taxpayer of his right “to request a hearing during the 30-day period under paragraph (2).” Sec. 6330(a)(3)(B) (emphasis added). The use of the word “during” strongly suggests that a premature request for a CDP hearing is not valid. This suggestion is strengthened when one considers the regulations. No fewer than four times, they state or imply that there is a definite window within which a taxpayer has to ask for his hearing: ! “The taxpayer must request the CDP hearing within the 30-day period commencing on the day after the date of the CDP Notice [i.e., either the NIL or NFTL].” Sec. 301.6330-1(b)(1), Proced. & Admin. Regs.; ! “[T]he CDP hearing must be requested during the 30-day period that commences the day after the date of the CDP Notice.” Sec. 301.6330-1(c)(1), Proced. & Admin. Regs.; ! “A taxpayer must submit a written request for a CDP hearing within the 30-day period commencing the day after the date of the CDP Notice issued under section 6330.” Sec. 301.6330-1(b)(1), Proced. & Admin. Regs.; and ! Sec. 301.6330-1(c)(3), Example (1), Proced. & Admin. Regs. (the same). In the face of seemingly plain statutory language and even plainer regulations, the Andres’ position does not look very strong. But they can point to similar areas of law wherePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011