- 10 - database field), rather than become the object of contemplation by a IRS clerk charged with finding the right place to put a particular piece of correspondence. This is especially important when a taxpayer’s relation to the IRS reaches the point of enforced collection through levy. Section 6330(e) requires the Commissioner--once he receives a request for a CDP hearing--to stop trying to levy, to start tolling the period of limitations for collection and any criminal prosecution, as well as to toll the period for a taxpayer to file a refund or wrongful levy suit under section 6532. The IRS keeps track of taxpayers by tax year, and it organizes its attempts at collection by tax year. When a taxpayer gets a NFTL or NIL for a particular tax year, the proposed collection action is noted in the file for that tax year alone. And the IRS is lenient about what counts as a CDP request that comes in during the 30-day window starting after it mails out an NIL: It allows a “written request in any form.” Sec. 301.6330-1(c)(2), A-C1(i), Proced. & Admin. Regs. The eye of the IRS, to paraphrase the psalmist, is only at that moment open “upon those who fear him, upon those that hope in his mercy.” Or at least upon those asking for a CDP hearing. But this lenience about the form of a request, combined with severity about when the request can be received, also reflects the human limits of the IRS in processing as efficiently asPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011