- 10 - valid against certain third parties until the Secretary files a notice of lien with the appropriate public office under section 6323(f). Section 6320 sets forth the notice and hearing procedures which must be followed when a tax lien is filed. Under this provision the Secretary is required to send written notice to the taxpayer liable for the tax not more than 5 business days after the NFTL is filed. Sec. 6320(a)(1) and (2). The notice must advise the taxpayer of his right to appeal. Sec. 6320(a)(3). A taxpayer, who so requests, must be granted a hearing before an impartial Appeals officer. Sec. 6320(b) and (c). The hearing is generally conducted in accordance with the procedures described in section 6330(c), (d), and (e). Section 6330(c) prescribes the matters a taxpayer may raise at an Appeals Office hearing, such as, spousal defenses, the appropriateness of the Commissioner’s intended collection action, and possible alternative means of collection, including an offer- in-compromise or installment agreement. Sego v. Commissioner, 114 T.C. 604, 609 (2000). The existence and amount of the underlying tax liability can be contested at an Appeals Office hearing if the taxpayer did not receive a notice of deficiency for the taxes in question or did not otherwise have an opportunity to dispute such tax liability. Sec. 6330(c)(2)(B).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011