- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011