Woodrow Reynolds - Page 6

                                        - 6 -                                         
          did not receive a notice of deficiency for such tax liability or            
          did not otherwise have an earlier opportunity to dispute such tax           
          liability.  Sec. 6330(c)(2)(B).  In rendering a determination,              
          the Appeals officer must take into consideration verification               
          that any applicable law and administrative procedure have been              
          met, relevant issues relating to the unpaid tax or proposed levy,           
          and “whether any proposed collection action balances the need for           
          the efficient collection of taxes with the legitimate concern of            
          the person that any collection action be no more intrusive than             
          necessary.”  Sec. 6330(c)(3).                                               
               The taxpayer is entitled to appeal the determination of the            
          Appeals Office made on or before October 16, 2006, to the Tax               
          Court or a U.S. District Court, depending on the type of tax at             
          issue.  Sec. 6330(d).2  Where the validity of the underlying tax            
          liability is properly at issue, the Court will review the matter            
          de novo.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.           
          Commissioner, 114 T.C. 176, 181-182 (2000).  The Court reviews              
          any other administrative determination regarding the proposed               
          levy action for an abuse of discretion.  Sego v. Commissioner,              
          supra at 610; Goza v. Commissioner, supra at 182.                           




               2Determinations made after Oct. 16, 2006, are appealable               
          only to the Tax Court.  See Pension Protection Act of 2006, Pub.            
          L. 109-280, sec. 855, 120 Stat. 1019.                                       





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011