Llwellyn Greene-Thapedi - Page 10

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          747, 1020.  At the hearing, the Appeals officer is required to              
          verify that “the requirements of any applicable law or                      
          administrative procedure have been met.”  Sec. 6330(c)(1); see              
          sec. 6330(c)(3)(A).10  The Appeals officer is also required to              
          address whether the proposed collection action balances the need            
          for efficient tax collection with the legitimate concern that any           
          collection action be no more intrusive than necessary.  Sec.                
          6330(c)(3)(C).  The taxpayer may raise “any relevant issue                  
          relating to the unpaid tax or the proposed levy”.  Sec.                     
          6330(c)(2)(A).  The taxpayer is also entitled to challenge “the             
          existence or amount of the underlying tax liability” if he or she           
          “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 Chocallo v. Commissioner, T.C. Memo. 2004-152, the                  
          Commissioner had acknowledged that the tax liability he had been            
          trying to collect by levy had been improperly assessed, had                 
          refunded previously collected amounts with interest, and had                
          agreed that there was no unpaid tax liability upon which a levy             
          could be based.  Accordingly, this Court dismissed the case as              
          moot.  The Court stated:  “Our jurisdiction under section 6330 is           

               10 Although this language is somewhat open ended, the                  
          legislative history clarifies that this required verification               
          pertains to legal and administrative requirements “for the                  
          proposed collection action”.  H. Conf. Rept. 105-599, at 264                
          (1998), 1998-3 C.B. 747, 1018.                                              




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