Louis A. and Christine Cox - Page 33

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               Petitioners maintain, however, that more is demanded.  They            
          rely on the following passage from legislative history:                     
                    During the hearing, the IRS is required to verify                 
               that all statutory, regulatory, and administrative                     
               requirements for the proposed collection action have                   
               been met.  IRS verifications are expected to include                   
               (but not be limited to) showings that:                                 
                         (1) the revenue officer recommending the                     
                    collection action has verified the taxpayer’s                     
                    liability;                                                        
                         (2) the estimated expenses of levy and sale                  
                    will not exceed the value of the property to be                   
                    seized;                                                           
                         (3) the revenue officer has determined that                  
                    there is sufficient equity in the property to be                  
                    seized to yield net proceeds from sale to apply to                
                    the unpaid tax liabilities; and                                   
                         (4) with respect to the seizure of the assets                
                    of a going business, the revenue officer                          
                    recommending the collection action has thoroughly                 
                    considered the facts of the case, including the                   
                    availability of alternative collection methods,                   
                    before recommending the collection action.  [H.                   
                    Conf. Rept. 105-599, at 264 (1998), 1998-3 C.B.                   
                    747, 1018.]                                                       
          According to petitioners, the fourth enumerated item is                     
          applicable to their circumstances.  They contend that it imposes            
          an “elevated review” and was improperly ignored in the                      
          determinations.                                                             
               The difficulty with petitioners’ position is that the                  
          statute as enacted requires by its terms verification “that the             
          requirements of any applicable law or administrative procedure              
          have been met.”  Sec. 6330(c)(1).  Petitioners have alerted us to           
          no law or administrative procedure that would direct revenue                
          officers to engage in the specific analysis suggested, much less            






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