Investment Research Associates, Inc. - Page 13

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          6320.  Specifically, H. Conf. Rept. 105-599, at 265, 1998-3 C.B.            
          747, 1019, under the heading “Liens”, states in pertinent part:             
                    The conference agreement generally follows the                    
               Senate amendment, except that taxpayers would have a                   
               right to a hearing after the Notice of Lien is filed.                  
               The IRS would be required to notify the taxpayer that a                
               Notice of Lien had been filed within 5 days after                      
               filing.  During the 30-day period beginning with the                   
               mailing or delivery of such notification, the taxpayer                 
               may demand a hearing before an appeals officer who has                 
               had no prior involvement with the taxpayer’s case.                     
               *  *  *  This hearing right applies only after the                     
               first Notice of Lien with regard to each tax liability                 
               is filed. [Emphasis added.]                                            
          In short, the House conference report states that a taxpayer’s              
          right to an administrative hearing and judicial review under                
          section 6320 arises only with respect to the first lien that is             
          filed for a particular tax liability.                                       
               Where, as here, Congress has directly spoken to the precise            
          question at issue, and the intent of Congress is clear, that is             
          the end of the matter.  Inasmuch as section 301.6320-1(b)(1) and            
          (2), Proced. & Admin. Regs., reiterates a procedural principle              
          that was unambiguously articulated by Congress in the legislative           
          history of section 6320, the regulation is valid and controlling            
          in this case.  See Walliser v. Commissioner, 72 T.C. 433, 439               
          (1979) (sustaining the validity of section 1.274-2(b), Income Tax           
          Regs., where the regulation was “squarely based on the language             
          of the legislative history of section 274").                                








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