- 33 - 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 lessPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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