Anthony and Lena C. Andre - Page 10

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          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 as                 






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Last modified: May 25, 2011