Anthony and Lena C. Andre - Page 11

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          possible the correspondence that it receives from a multitude of            
          taxpayers.  NILs and NFTLs are sent out in great volume:  In                
          fiscal year 2003, for example, government statistics show that              
          the IRS issued more than 1.5 million levies and filed over                  
          500,000 liens.  TIGTA Rept. 2004-30-083, “Trends in Compliance              
          Activities Through Fiscal Year 2003,” Doc 2004-9294, 2004 TNT 84-           
          16, figs. 16 & 17 (April 2004).                                             
               The Code’s provisions on collection, and the IRS’s data                
          processing, are geared to a particular sequence of actions--                
          notice of levy, request for a CDP hearing, suspension of                    
          collection, holding a CDP hearing, issuing a notice of                      
          determination after a CDP hearing, judicial review, and only then           
          actually levying.  We think the Commissioner is right when he               
          argues that allowing a taxpayer to disrupt this sequence with a             
          premature CDP request would be quite likely to cause prejudice.             
          It would, for example, let taxpayers unilaterally suspend                   
          collection action against them under section 6330(e) even before            
          the IRS decided whether to try to collect through a levy.  It               
          would cause confusion in calculating the period of limitations              
          affected by the suspension of collection that a proper CDP                  
          request triggers.  And it would force the IRS to look through               
          every piece of correspondence sent in by a taxpayer concerning an           
          unpaid liability to judge whether it sufficed as a CDP hearing              
          request.                                                                    






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