- 5 - Dellosso of the Hempstead Appeals Office sent petitioner a letter describing, on the basis of the case history, the expected scope of the hearing and what petitioner would be required to show in order to avoid the proposed collection action. Petitioner replied by letter; she stated that she was “disturbed by the way you have continued to be abusive to us taxpayers in the tone and content of your letter.” She also stated that it was clear from the letter that “you are working with Mr. Breitberg and you are going to be unfair, partial, and abusive in dealing with our case.” Respondent refused to further reassign petitioner’s case. Notice of Determination Respondent issued a notice of determination to petitioner, finding that she had failed to raise a relevant issue under section 6330 and had failed to offer an acceptable alternative to the proposed collection action. Discussion Section 6330 Section 6330 generally provides that the Commissioner cannot proceed with collection by way of a levy until the taxpayer has been given notice and the opportunity for an administrative review of the matter (in the form of an Appeals Office hearing), and that, if dissatisfied, the taxpayer may obtain judicial review of the administrative determination. See Davis v. Commissioner, 115 T.C. 35, 37 (2000); Goza v. Commissioner, 114 T.C. 176, 179 (2000). The taxpayer requesting the hearing mayPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011