- 4 - 6320 and/or 6330, sustaining the proposed levy. Petitioner timely petitioned the Court. OPINION Section 6330 provides that no levy may be made on any property or right to property of a person unless the Secretary first notifies the person in writing of the right to a hearing before respondent’s Appeals Office. Section 6330(c)(1) provides that the Appeals officer must verify at the hearing that applicable laws and administrative procedures have been followed. The Appeals officer may rely on a Form 4340 for purposes of complying with section 6330(c)(1). Nestor v. Commissioner, 118 T.C. 162, 166 (2002). At the hearing, the person may raise any relevant issue relating to the unpaid tax or the proposed levy, including appropriate spousal defenses, challenges to the appropriateness of collection actions, and collection alternatives. Sec. 6330(c)(2)(A). The person may challenge the existence or amount of the underlying tax liability, however, only if the person did not receive any statutory notice of deficiency for such tax liability or did not otherwise have an opportunity to dispute such tax liability. Sec. 6330(c)(2)(B). In the instant case, petitioner does not challenge the underlying liabilities. Consequently, we review respondent’s determination for abuse of discretion. See Goza v. Commissioner, 114 T.C. 176, 181-182 (2000); Sego v. Commissioner 114 T.C. 604,Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011